LAWS(SC)-2008-3-255

UNION OF INDIA Vs. STATE OF GUJARAT

Decided On March 25, 2008
UNION OF INDIA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Taking note of the fact in a news item published in 'The Times of India', Ahmedabad Edition, dated May 2, 2006 to the effect that 1200 temples and 260 Islamic shrines had encroached on public space, the High Court of Gujarat at Ahmedabad, while taking suo motu action, issued notice to the fourteen persons/authorities who were arrayed as Petition(s) for Special Leave to Appeal (Civil) No(s).8519/2006 respondents. While doing so, the High Court gave the following interim direction:

(2.) Mr. Gopal Subramonium, learned ASG appearing for the Union of India contends that this interim direction is in the nature of final direction which could be issued only after hearing the respondents and no such direction could be issued at a preliminary stage without hearing the respondents.

(3.) This Court, while issuing notice on the special leave petition on 4/5/2006, had stayed the operation of the impugned order.