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Gujarat High Court

Shamji Babubhai Chavada & vs State Of Gujarat Thro Secretary & ... on 27 June, 2014

Author: Bhaskar Bhattacharya

Bench: Bhaskar Bhattacharya, J.B.Pardiwala

          C/WPPIL/38/2012                                      ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    WRIT PETITION (PIL) NO. 38 of 2012

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          SHAMJI BABUBHAI CHAVADA & 1....Applicant(s)
                           Versus
      STATE OF GUJARAT THRO SECRETARY & 4....Opponent(s)
================================================================
Appearance:
MR VH KANARA, ADVOCATE for the Applicant(s) No. 1 - 2
MR VIVEK N MAPARA, ADVOCATE for the Applicant(s) No. 1 - 2
MR PARTH BHATT, AGP for the Opponent(s) No. 1
MR PR NANAVATI, ADVOCATE for the Opponent(s) No. 5
NANAVATI ASSOCIATES, ADVOCATE for the Opponent(s) No. 4
NOTICE SERVED BY DS for the Opponent(s) No. 1 - 3
================================================================

          CORAM: HONOURABLE THE CHIEF JUSTICE MR.
                 BHASKAR BHATTACHARYA
                 and
                 HONOURABLE MR.JUSTICE J.B.PARDIWALA

                                Date : 27/06/2014


                                 ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) By this public interest litigation, the petitioners have prayed for direction upon the respondent State authority to demolish the construction of corridor constructed by the respondent no.4 from the factory area of the respondent no.4 "Essar Cold Storage" to Parodiya Jetty, and have prayed for further direction restraining the respondent no.4 from encroaching upon the Gauchar land, Government land and Marine Park area for constructing the aforesaid corridor.

C/WPPIL/38/2012 ORDER The respondent no.4 has entered appearance and filed reply to the aforesaid allegations, thereby denying the averments made in this application regarding the encroachment.

It appears that although such affidavit was filed on 12 th April 2012, till today the petitioners have not given any rejoinder, denying the aforesaid fact.

The State respondent, on the other hand, although has not filed any affidavit, but written instruction signed by the Chief Conservator of Forests, Marine National Park, Jamnagar, Mamlatdar, Khambhaliya, Deputy Collector, Khambhaliya and Collector, Jamnagar, indicating that the allegations contained in the public interest litigation are baseless.

None appears on behalf of the petitioners when the matter is called. This matter was also called on 21 st and 25th June 2014 when nobody appeared on behalf of the petitioners.

In view of the aforesaid materials on record, we find that the allegations contained in this application are baseless, and accordingly, we dismiss this public interest litigation. Interim relief granted earlier stands vacated.

The written instruction given by the Forest authority as well as other State respondents indicated above be kept with the record.

                                        (BHASKAR BHATTACHARYA, CJ.)


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        C/WPPIL/38/2012                       ORDER




                                       (J.B.PARDIWALA, J.)
MOIN




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