(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Mr.Shastri, learned counsel for the applicant states that the grant of Rs.2 Crores was released by the Government and thereafter, the cheques, as per the conditions imposed, have been deposited and therefore, he seeks permission to withdraw the present application and he placed on record the copy of the letter dated 27th January, 2012 issued by him from Chief Officer of the Municipality. As such, when the prayer for withdrawal is made, such deserves to be granted. But the pertinent aspect is that in the communication dated 9th January, 2011, a copy whereof is produced at Annexure-II, there is not only incorrect statement made by the President of the Municipality to the Minister concerned, of the Urban Development and Urban Housing Department of the State Government but there is also incorrect information provided for such purpose. Appeal was not preferred by the original owner as stated in the letter but was preferred by the Municipality. The High Court has not enhanced the amount of compensation but has rather put up the condition of depositing a particular amount which was already ordered as compensation by the lower Court.
It will be for the Competent Authority of the Government to sort out the issue. Hence, subject to the aforesaid observations, the application is disposed of as withdrawn.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top