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2014 Supreme(SC) 1248

J.CHELAMESWAR, PINAKI CHANDRA GHOSE
Vardha Enterprises Pvt. Ltd. – Appellant
Versus
Rajendra Kumar Razdan – Respondent


Advocate Appeared:
For the Appellant :Guru Krishna Kumar, Shyam Divan, B. Adhinarayana Rao, Sr. Advs. and Ravindra Keshavrao Adsure, Advocates.
For the Respondent:Ms. Aruna Gupta, Ms. Swati Singh, Atul Y. Chitale, Sr. Advs., Ms. Vaishnavi Rao, Ms. S.K. Bajwa, Shreekant N. Terdal, S.S. Shamshery, AAG, Amit Sharma, Sandeep Singh, Ms. Ruchi Kohli, Ms. Pragati Neekhra, K.B. Rohatgi, Mahesh Kasana, Ms. Aparna Rohatgi, Shivaji M. Jadhav, and Venkateswara Rao Anumolu, Advocates.

ORDER :

The application has been filed with the prayer as follows:-

    (a) clarify that para 11 of this Hon'ble Court's judgment dated 1.5.2014 in Civil Appeal No. 5010 of 2014 would only operate if and only if certain provisions of law/rule/regulations were violated, and in absence of such violation, construction of petitioner is permissible in accordance with law;

    (b) consequently quash & set aside rejection letter No. F.7(1)B-Plan/Misc/2009/318 dated 19.6.2014 issued by Secretary, Urban Improvement Trust, Udaipur which uses para 11 of this Hon'ble Court's Judgment dated 1.5.2014 in Civil Appeal No. 5010 of 2014;

    (c) direct Secretary, UIT, Udaipur to grant/issue renewal of construction permission to petitioner forthwith in the interest of justice"

2. A Public Interest Litigation was moved before the High Court of Rajasthan in Civil Writ Petition No. 4271 of 1999 praying that construction in and around the lakes specified in the notification by State of Rajasthan dated 17.1.1997 be stopped and necessary directions be given to the State Government agencies to stop the recurrence of such ‘harmful and dangerous activities'. The said notification was issued under Section 171 of the Rajasthan

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