Gujarat High Court
Natubhai Ramjibhai Barot vs Chief Officer Prantij Nagar Palika on 18 July, 2019
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/WPPIL/143/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 143 of 2018
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NATUBHAI RAMJIBHAI BAROT
Versus
CHIEF OFFICER PRANTIJ NAGAR PALIKA & 2 other(s)
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Appearance:
MR APURVA A DAVE(3777) for the Applicant(s) No. 1
MR DEEPAK P SANCHELA(2696) for the Opponent(s) No. 1
NOTICE SERVED(4) for the Opponent(s) No. 2,3
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 18/07/2019
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE) The petitioner has filed this Writ Petition [PIL] praying the following main reliefs:
"[B] Your Lordship may be pleased to issue appropriate writ, order or direction in the nature of the certiorari or mandamus or any other appropriate writ, order or direction direct the chief officer, Prantij to establish proper sewer collecting system and all the household of the area of the Prantij Nagarpalika will get the connection of the drainage system.
[C] Your Lordship please to issue an appropriate writ, certiorari or mandamus or any other appropriate writ, order or direction directing respondents to dispose surplus excavated material at least 5 kms Page 1 of 2 Downloaded on : Sat Jul 20 22:36:08 IST 2019 C/WPPIL/143/2018 ORDER away from the outer boundary of the concerned municipality."
Having heard learned counsels for the parties and considering the provisions of Gujarat Municipalities Act, the District Collector, Samarkand will be the competent authority to look into the grievance of the petitioner, including requirement of establishment of proper collecting sewer and other household items from the area of Prantij Nagasaki and requirement of following provisions of Waste Management Rules, which are in force. Besides, the manner in which the work has to be completed so as to provide proper sewerage system and the subject of tender notice published in vernacular newspaper can also be addressed to the concerned Collector on which proper decision can be taken or if required directions can be given to the Chief Officer of Nagasaki.
With the aforesaid, we dispose of the Writ Petition [PIL]. Notice discharged.
(ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) P. SUBRAHMANYAM Page 2 of 2 Downloaded on : Sat Jul 20 22:36:08 IST 2019