Gujarat High Court Case Information System
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WPPIL/21/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT
PETITION (PIL) No. 21 of 2010
=========================================================
DAYHABHAI
NANJIBHAI LAKHANI & 3 - PETITIONER
Versus
EXECUTIVE
ENGINEER & 3 - RESPONDENT
=========================================================
Appearance
:
MR
DIPAK R DAVE for
PETITIONER : 1 - 4.MRDIPAKDJOSHI for PETITIONER : 1 - 4.
MR PK
JANI, GOVERNMENT PLEADER for RESPONDENT : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 09/05/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
An
affidavit has been filed on behalf of the State from which it appears
that the State Government is reconsidering the matter and may change
the direction of the proposed slab drain so that it will be
advantageous to the farmers whose lands are on both the sides of 24
feet wide road in question. Water logging on one side may not be
drained on the other side causing water logging on the other side of
the agricultural field.
We
allow the State to look into the matter and come up with a proposed
plan on the next date. It will be open to the petitioners, respondent
nos. 5 to 10 and any other agriculturists who have agricultural
fields nearer to the land of proposed plan, to submit their
suggestions before the concerned Executive Engineer and the Chief
Engineer in consultation with the Executive Engineer will finalize
the matter and report to the Court.
All
the persons residing in the adjoining areas are restrained from
interfering with the matter as the matter is pending consideration
before the Court. Till the matter is finally settled by the Chief
Engineer, no further construction may proceed without prior
permission of the Court.
Post
the matter on 17th June, 2011.
[S.J.
MUKHOPADHAYA, CJ.]
[J.B.
PARDIWALA, J.]
pirzada/-
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