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SCA/4691/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4691 of 2011
======================================
CHURCH
OF NORTH INDIA (CNI), RAIPUR KABRASTAN COMMITTEE, - Petitioner
Versus
AHMEDABAD
MUNICIPAL CORPORATION & 1 - Respondents
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Appearance :
MR
AS ASTHAVADI for the Petitioner.
MR PRASHANT G.DESAI, LD.SENIOR
ADVOCATE WITH MR HIMANSHU K PATEL for Respondent No.1.
MR KETAN D
SHAH for Respondent No.2.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 27/04/2011
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India,
the petitioner has prayed for an appropriate writ, order and/or
direction, directing the respondent No.1 to take appropriate steps to
protect and maintain Graveyard situated at Survey Nos.414/2 and 442/A
situated at Village: Shahwadi, Ahmedabad.
It
is also further prayed for an appropriate writ, order and/or
direction, directing respondent No.2 not to encroach and damage the
graves and repair the damage done to the graves.
2. In
response to the Notice issued by this Court, Mr.Prashant Desai,
learned Senior Advocate has appeared on behalf of respondent No.1 –
Corporation and Mr.Ketan Shah, learned advocate has appeared on
behalf of respondent No.2. Affidavit-in-replies are filed on behalf
of the respective respondents.
3. It
is stated on behalf of the respondents more particularly on behalf of
respondent No.1 that so far as land bearing Survey No.442/A is
concerned, the same is reserved for Kabarastan and the same shall be
permitted to be used for graveyard and there shall not be any
disturbance on the aforesaid land for the aforesaid purpose.
4. So
far as land bearing Survey No.414/2 is concerned, the same is already
reserved for the purpose of Sewage treatment plant and thereafter the
same is given to respondent No.2 under the Memorandum of
Understanding -cum- Agreement dated 23/12/2010 for financing,
building, operating and maintaining a plant for the production of
fuel Billets and other organic waste into Bio-organic soil Enricher/
organic fertilises from Mix Municipal Solid Waste at Gyaspur,
Ahmedabad.
5. Mr.Asthavadi,
learned advocate appearing on behalf of the petitioner, in the
presence of Mr.Manhar M.Christie, Secretary of the Church of North
India, has submitted that in view of the aforesaid, the concerned
respondents may be directed that existing graves may not be affected
and religious sentiment may not be affected at all.
6. Mr.Prashant
Desai, learned Senior Advocate appearing on behalf of respondent No.1
– Corporation and Mr.Ketan Shah, learned advocate appearing on
behalf of respondent No.2 , under the instructions from the concerned
respondents, have stated at the bar that all protective steps shall
be taken by the respondents to protect and maintain existing graves
and they will see that no damage shall be caused to existing graves
situated on Survey No.414/2 and in fact they will see to it that some
protection wall and grills are provided so that there is no damage to
existing graves at all. It is also stated by learned advocate
appearing on behalf of the respondents that efforts shall be made by
the respondents that religious feelings of the concerned persons are
not affected at all and there are no damage to existing graves.
7. In
view of the above, the present petition is disposed of by directing
the concerned respondents to act as stated hereinabove and as per
settlement made by learned advocate appearing on behalf of respective
respondents as recorded hereinabove and all concerned to see that no
damage shall be caused to the existing graves situated on survey
No.414/2 and there shall be protective wall therefore, there shall
not be damage to existing graves and all are directed to see that
religious feelings of the persons are not affected at all.
With
this, the present petition is disposed of. Notice is discharged. No
costs.
[M.R.SHAH,J]
*dipti
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