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SCA/1280/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1280 of 2010
======================================
MOHMED
HUSSAIN ALIBHAI GHANCHI AND OTHERS
Versus
STATE
OF GUJARAT AND OTHERS
======================================
Appearance
:
MS MITA S PANCHAL for
Petitioners. MS KD PARMAR for Petitioners.
MR NIKHILESH SHAH, AGP
for Respondent No.1.
DS AFF.NOT FILED (N) for Respondent No.1.
MRS
KALPANA K RAVAL for Respondent No.2.
NOTICE SERVED BY DS for
Respondent Nos.3 - 8.
MR MTM HAKIM for Respondent Nos.6 -
8.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 04/03/2010
ORAL
ORDER
1. In
view of the inspection conducted by the Gujarat Pollution Control
Board and requirement of their report in respect of noise level in
the area concerned and in view of the request made by the original
petitioner, Gujarat Pollution Control Board having its office at
Khadi Gram Udhyog Board, Gram Nirman Bhavan, Second Floor, Old Vadaj,
Ahmedabad-13, is joined as party respondent. NOTICE
shall be issued to that newly joined respondent making it returnable
on 12th
March 2010. Direct service is permitted.
2. Hearing
of Civil Application No.2333 of 2010 and present petition is
adjourned to 12th
March 2010, with a request to learned AGP to see that a responsible
officer of the police station in Gomatipur area remains personally
present with a short report about the complaints made by parties
herein about illegal activities of each other and the alleged illegal
and unauthorized use of any open area or public road for the purpose
of parking of buses during
day or night. Statement is made by learned counsel, Ms.Mita Panchal,
appearing for the petitioners that now onwards no buses belonging to
or in-charge of the petitioners will be parked anywhere near the
Cement ni Chali on Gomatipur Road, or in or near the Municipal School
or open place or public road, and around said chawl or the Municipal
Urdu School No.1 and 2.
3. Statement
is also made by learned counsel, Mr.MTM Hakim appearing for
respondent nos.6, 7 and 8 that respondent no.7 has already left the
premises and for the present removed all his machinery from the area
in question; and that respondent nos.6 and 8 have stopped operation
of the machines installed by them in the area and will not restart
those machines till they are permitted to do so by an order of this
Court.
(D.H.Waghela,
J.)
*malek
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