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SCA/6547/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6547 of 2010
=========================================
HARSHADBHAI
NATWARLAL PATEL - Petitioner(s)
Versus
COLLECTOR,
AHMEDABAD DISTRICT & 6 - Respondent(s)
=========================================
Appearance :
MR
SUDHANSHU S PATEL for the Petitioner.
Mr.A.J.Desai, Assistant
GOVERNMENT PLEADER for Respondent no.1.
NOTICE SERVED BY DS for
Respondent(s) : 1 - 7.
MR HS MUNSHAW for Respondent no.3.
MR MG
NAGARKAR for Respondent no.4.
MR HARSHIT S TOLIA for Respondent
nos. 6 and 7.
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 16/06/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
petitioner, a member of Taluka Panchayat has preferred this public
interest litigation for demolition of a daily parlour and a public
urinal constructed on block no. 369 of village Bopal, Ta: Dascroi,
Dist: Ahmedabad. It is stated that dairy parlour and public urinal
have been constructed by the Village Panchayat on Gauchar land,
thereby it goes against public interest.
2. We
have heard learned Assistant Government Pleader Mr. A.J.Desai for the
State, learned advocate Mr. H.S.Munsha for respondent no. 3, learned
advocate Mr. M.G.Nagarkar for respondent no. 4 and learned advocate
Mr. H.S.Tolia for respondent nos. 6 and 7. In the present case, as
we find that the dairy parlour and public urinal have been
constructed in public interest, this Court is not inclined to grant
the relief as sought for in this case as dairy parlour and public
urinal are also required and they will not come in the way of the
public if they remain in one side of the park. In absence of any
merit, this petition is dismissed. No costs.
(S.J.Mukhopadhaya,C.J.)
(Akil
Kureshi,J)
***vcdarji
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