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Asikali Akbarali Gilani Vs. Nasirhusain Mahebubbhai Chauhan [07/10/16]

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[Civil Appeal Nos.10122-10123 /2016 arising out of SLP (Civil) Nos.24281-82/2013]. These appeals challenge the judgment and final order passed by the Division Bench of the High Court of Gujarat at Ahmedabad dated 11th July 2013 in Writ Petition (PIL) No.144 of 2011 and Writ Petition (PIL) No.13 of 2013. The respondent No.1 had filed a Writ Petition as Public Interest Litigation for issuance of direction against respondent No.3 to 5 (State Authorities) to remove the illegal encroachment and structure erected by the appellant on a Municipal Land behind Urdu Kumar Shala No.7 and on the public road going from Bharwadi Road and the surrounding area. The High Court on the basis of the information furnished, noticed that besides the structure referred to in the Writ Petition, there were in all 869 leases given by the Municipality to different persons without authority of law and on which constructions have been put up without any formal lease executed in favour of concerned persons/occupants nor the approval of the State Government in terms of Section 65 of Gujarat Municipality Act, 1963 was obtained.

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