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CA/934220/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 9342 of 2008
In
MISC.CIVIL
APPLICATION No. 2012 of 2008
In
MISC.CIVIL
APPLICATION No. 3110 of 2007
=========================================
CHIEF
OFFICER
Versus
BHARATBHAI
GANESHBHAI ROHIT AND OTHERS
=========================================
Appearance :
MR
YATIN SONI for Petitioner(s) : 1,
RULE SERVED
for Respondent(s) : 1 - 8.
MR PK SHUKLA for Respondent(s) :
1,
GOVERNMENT PLEADER for Respondent(s) : 2,
MR SUNIL L MEHTA
for Respondent(s) : 8,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 24/10/2008
ORAL
ORDER
1. Mr.S.M.Zha,
Senior Scientific Officer, GPCB, Mamlatdar, Borsad and Chief Officer,
Borsad Nagarpalika are present before the Court.
2. Learned
advocate Mr.Sunil Mehta for GPCB is in receipt of letter dated
15.10.2008 from the Mamlatdar, Borsad. The learned advocate for GPCB
requested that the Collector, Anand be directed to expedite
earmarking of a plot for the purpose of ‘Charmakund’. The learned
advocate requested that as submitted earlier, revenue survey No.302
is situated very close to the water body and therefore, use of the
said land as ‘Charmakund’ is likely to hamper the hygiene of the
village people. He submitted that therefore, even if any permission
is to be given to use the same place as ‘Charmakund’, the same should
be only as a temporary measure for a specified period only.
3. The
submissions are found reasonable. The Collector, Anand is directed
to expedite of identifying the land for earmarking the same for
‘Charmakund’. The exercise shall be completed as expeditiously as
possible, preferably by 31.03.2009. In the meantime, GPCB is
directed to grant NOC for the use of the land admeasuring 10 gunthas,
around which the Chief Officer, Borsad Nagarpalika has put up wire
fencing for its use as ‘Charmakund. Permission shall be granted for
the present till 30.04.2009.
The
matter to be listed on 02.04.2009.
It
goes without saying that the original petitioners will abide by the
applicable Rules and regulations so as to see that the undertaking
filed by them is complied with in letter and spirit.
(Ravi
R.Tripathi, J.)
*Shitole
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