SHRENIK RASIKBHAI JHAVERI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, these petitioners have invoked extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India for seeking the following reliefs :-

(2.) It is the case of the petitioners that the petitioners are dealing in different types of business respectively and since about 40 years they are carrying on their earning activity from the premises which are situated at Shahpur area, Ahmedabad, and Metro Rail Track is passing through the road called Shahpur main road and the shops of the petitioners are located at this road. On account of the work of Metro Rail Track as well as junction, a construction is being put at the said place and for that purpose, excavation work to the extent of approximately 30 meters deep and 100 feet broad is being done with heavy machines and drillers practically the work is going on at night. According to the petitioners, this work has created tremendous pollution and the vehicle fumes are damaging the health of the shop occupies and the visitors as well. On account of this work being undertaken in the area, business of the petitioners have been considerably reduced almost to the extent of 30-40% as the customers on account of this disruption in the smooth road are not inclined to visit the shops.

(3.) Pursuant to the notice having been issued on 7/5/2019, the pleadings have been completed in the proceedings and it has come up for consideration before this Court on 24/6/2021 and on that day, upon request of both the sides, the matter was taken up for hearing. The petitioners have been represented by learned advocate Mr. Jigar S. Gadhavi, whereas learned Senior Advocate Mr. Kamal Trivedi assisted by Mr. Anuj Trivedi, learned advocate appears for respondent nos. 2 and 3.