JAYANTILAL MANILAL JANI Vs. COMMISSIONER OF AHMEDABAD MUNICIPAL CORPORATION
HIGH COURT OF GUJARAT
Jayantilal Manilal Jani
Commissioner of Ahmedabad Municipal Corporation
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P.D.DESAI ACTG, J. -
(1.) The local authority, which is exclusively entrusted with the duty of framing and implementation of the Town Planning Scheme and to that end has been invested with almost plenary powers, can straightway invoke the provisions of Section 54 for evicting a person occupying the land which he is not entitled to occupy under the final scheme.
(2.) The petitioner cannot be denied compensation on the ground that he has failed to handover vacant and peaceful possession of that portion of the land which was the subject-matter of the Scheme. It is for the Municipal Corporation to exercise its statutory powers and to obtain possession from the person who is not entitled or authorised to occupy the land.
Rule made absolute. ;
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