(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) After arguing the appeal at some length, learned counsel Mr. Bhavesh Choksi, appearing for the appellant, submitted that the appellant may be permitted to withdraw this appeal in order to prefer appropriate application under Section 71 of the Gujarat Town Planning Act for variation in the Town Planning Scheme. He submits that he is making this statement after taking instructions from the Company Secretary of the appellant company Mr. Ajmera.
Permission to withdraw this appeal is accordingly granted. If the appellant prefers any application before the Corporation under Section 71 of the Town Planning Act for variation in the Town Planning Scheme, the Corporation may take appropriate decision within a period of three months in accordance with law. If the Corporation sends any proposal to the State Government for variation in the scheme, the State Government may take appropriate decision as deemed fit and in accordance with law.
It is clarified that we are not expressing any opinion in any manner except recording the statement of the appellant that the appellant would like to prefer an application under Section 71 of the Town Planning Act before the Corporation for variation in the Town Planning Scheme. Ultimately, it is left to the concerned authorities to decide such application in accordance with law.
Learned counsel Mr. A.J. Patel, appearing for respondent No.4, states that after the possession is handed over by the Corporation to his client, his client will maintain the status-quo of the property for a period of one month thereafter, and he will not alienate or transfer such property for a period of one month. Mr. Patel states that he is making the statement after taking instructions from his client who is present in the Court.
Learned counsel Mr. Amit Panchal, appearing for the appellant in Letters Patent Appeal No.314 of 2011, submits that in view of the stand taken by the appellant company in Letters Patent Appeal No.2596 of 2010, he is not pressing Letters Patent Appeal No.314 of 2011 and he has received such instructions to withdraw this appeal in view of the instruction given to him by the Company Secretary.
Accordingly both the appeals are disposed off as withdrawn.
We once again clarified that we have not expressed any opinion in connection with the aspect about variation in the Town Planning Scheme and such aspect is left for consideration to the concerned authorities.
In view of the disposal of the appeals, Civil Application stands dismissed.
(P.B.MAJMUDAR, J.) (MOHINDER PAL, J.) piyush