Babubhai Chaturbhai Bhoi vs Collector At Baroda & 2 on 14 August, 2014

[Cites 0, Cited by 0]

Gujarat High Court

Babubhai Chaturbhai Bhoi vs Collector At Baroda & 2 on 14 August, 2014

Bench: C.L. Soni

         C/SCA/2208/2014                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            SPECIAL CIVIL APPLICATION NO. 2208 of 2014

================================================================
               BABUBHAI CHATURBHAI BHOI....Petitioner(s)
                             Versus
              COLLECTOR AT BARODA & 2....Respondent(s)
================================================================
Appearance:
MR PS PATEL, ADVOCATE for the Petitioner(s) No. 1
MR. R.D.KINARIWALA, ADVOCATE for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 1 - 3
================================================================

         CORAM: HONOURABLE MR.JUSTICE C.L. SONI

                           Date : 14/08/2014


                            ORAL ORDER

1. On 24.04.2014 the following order was made: "Rule returnable on 16.06.2014. Mr.Rakesh Patel, learned AGP waives service of notice of Rule on behalf of respondent No.1.

As far as interim relief is concerned, sufficient time is granted to the respondents to file affidavitin reply. It appears from the record that though the Appellate Authority, by its order dated 31.07.2012, has directed to Collector, Vadodara to regularize the mining activities, which are being carried out by the petitioner. The petitioner has complied with the conditions. The collector, Vadodara again demanded Rs.4 lacs, by its communication dated 10.01.2014. By ad interim relief, the Collector is hereby directed to implement the order dated 31.07.2012 and allow the mining operation, which has been carried out by the petitioner in quarry area of 39272 hectors land in Orsang river bed, opposite Gamtal of village SANKHEDA Taluka Sankheda, District Vadodara forthwith. Direct service is permitted."

Page 1 of 2 C/SCA/2208/2014 ORDER

2. Learned advocate Mr.Kinariwala for the petitioner submitted that more than 3 months have passed and still above stated order is not complied with.

3. In such view of the matter, respondent no.2 Collector is directed to file affidavit, stating the reasons as to why the abovesaid order was not complied with. Such affidavit shall be filed within a period of one week from today.

4. The copy of this order shall be made available to the learned AGP Mr.Oza for its onward communication to respondent no.2 Collector. S.O. to 25th August, 2014.

(C.L.SONI, J.) Manoj Page 2 of 2

Unlock Advanced Research with PRISMAI

Gujarat High Court