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SCA/6080/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6080 of
2010
=========================================================
AMBALAL
CHUNILAL RAVAL & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
AJ SHASTRI for
Petitioner(s) : 1 - 2.
GOVERNMENT PLEADER for Respondent(s) :
1,
None for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 13/05/2010
ORAL
ORDER
1. The
learned counsel for the petitioners has submitted a Draft Amendment.
The same is allowed, and may be carried out by tomorrow.
2. I
have heard Mr. A.J. Shastri, learned counsel for the petitioners. It
is submitted by him that the District Magistrate had earlier refused
permission to respondent No.5 for construction of a Godown for
storage of L.P.G. Gas Cylinders on 22.06.2006, 07.06.2007, 16.03.2007
and 17.07.2007, on the ground that the proposed Godown for storage of
L.P.G. Gas Cylinders, is near the residential zone. While refusing
the permission, the District Magistrate has given detailed reasons in
orders dated 22.06.2006 and 17.07.2007. The Collector has suspended
the Resolution of the Nagarpalika, refusing permission to respondent
No.5, for construction of the said Godown. However, the said order of
the Collector, was challenged by way of Revision Application before
the Deputy Secretary(Appeals),Urban Development and Urban Housing
Development, who has dismissed the Revision Application of the
petitioners. It is stated by Mr. A.J. Shastri, learned counsel for
the petitioners, that the house of the petitioners is within the
walking distance from the proposed Godown, and the said Godown is
located in a residential area, which can prove to be extremely
dangerous for the safety and security of the people, who live there.
It
is further submitted by the learned counsel for the petitioners that
the place where the Godown is situated, is a place of pilgrimage
visited by thousands of people, and to permit a Godown for storage of
Gas Cylinders in a populated area would jeopardise the safety of the
public.
3. In
view of the above, issue Notice, returnable on 21.06.2010.
By
way of ad-interim relief, it is directed that the Godown in question
shall not be used for the storage of L.P.G. Gas Cylinders, till then.
In
addition to the normal mode of service, Direct Service is also
permitted.
(Smt. Abhilasha Kumari, J.)
Safir*
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