LAWS(GJH)-2018-5-201

NARESHBHAI DEVDATT GEHLOT Vs. BABAUBHAI NOOR MUHAMMAD SHAIKH

Decided On May 07, 2018
Nareshbhai Devdatt Gehlot Appellant
V/S
Babaubhai Noor Muhammad Shaikh Respondents

JUDGEMENT

(1.) Heard learned senior advocate Mr.Yatin Oza with learned advocate Mr.Jeet Bhatt for the applicant, learned Assistant Government Pleader Mr.Manan Mehta for the respondent - State, learned advocate Mr.MTM Hakim for the original petitioner and learned advocate Mr.Vaibhav Vyas for the Gujarat Pollution Control Board.

(2.) What is sought to be prayed by filing this Civil Application is to vacate the interim direction passed in the petition in order dated 14th July, 2017.

(3.) The main Special Civil Application No.17829 of 2016 was filed by opponent No.7 - the original petitioner. In that, it was prayed to restrain the respondent No.7 - the applicant herein from carrying out construction on the land in question. It was secondly prayed to set aside the order of non- agricultural permission granted. A further prayer was made to declare that the non-agricultural use of the land in question was in breach of the statutory norms of the Gujarat Pollution Control Board and that the necessary permissions were not obtained.