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SCA/3477/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3477 of 2009
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SHREE
MAHUVA BANDHARA KHETIWADI PARIYAVARAN BACHAV SAMITTEE & 1 -
Petitioner(s)
Versus
UNION
OF INDIA & 5 - Respondent(s)
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Appearance :
MR
BHUSHAN B OZA for Petitioner(s) : 1 - 2.
MR AJ YAGNIK
for Petitioner(s) : 1 - 2.
None for Respondent(s) : 1, 5,
MR
RITURAJ M MEENA for Respondent(s) : 2,
MR KAMAL TRIVEDI, ADVOCATE
GENERAL with MR PK JANI, GOVT. PLEADER with MS SANGEETA VISHER, AGP
for Respondent(s) : 3, 6,
M/S TRIVEDI & GUPTA for
Respondent(s) : 4,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 16/03/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
To make out a prima-facie case that the respondent – State allowed in favour of the 4th respondent for construction of cement plant on water body, the learned counsel for the petitioners produced Google Earth (Digital Globe) : Quick Bird image dated 15.1.2004, ISRO image through National Remote Sensing Agency, ISRO, Department of Space dated 10.10.2006 and 24.2.2010 of the area in question. As prima-facie doubts have been raised on the basis of the aforesaid images, while we allow the petitioners to file a supplementary affidavit including copies of the images aforesaid, also allow the respondents to file reply.
Post the matter on 31st March, 2010.
Until further orders, the respondents will maintain status quo, and not make any further construction or any change to the landscape of the area in question. However, if the construction of raft has already been started, as reported, then they may complete it by tomorrow and no further construction be made thereafter.
[S.J.
MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
sundar/-
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