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2011 Supreme(Guj) 533

A.L.DAVE, J.B.PARDIWALA
BAL SHIKSHAN SAMITI TRUST – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
H.M. Parikh and Rasesh H. Parikh, for Appellant Nos. 1 and 2.
Mrs. Krina Calla, A.G.P., for Respondent No.1.
Nilesh A. Pandya, for Respondent No.2.
None for Respondent No.3.

JUDGMENT

J. B. PARDIWALA, J. In this appeal, the appellants-petitioners seek to challenge the judgment and order dated 1st August, 2011 passed by the learned Single Judge in Special Civil Application No. 7868 of 2011, whereby the learned Single Judge refused to grant any relief to the appellants and rejected the writ petition.

2. This appeal reveals as to what extent the litigants have the audacity to abuse the process of the Court without any hesitation as if it is their right to use, abuse or misuse the process of the Court, merely because the forum is readily available.

3. The present appeal arises from a second round of litigation. The appeal is an example as to how the public projects can be stalled for years together.

4. Facts relevant for the purpose of deciding the present appeal can be summarised as under :

(1) It appears that the appellant is a Public Charitable Trust of which appellant No.2 is the Vice-President. The Trust is running a school having about 900 students. This school has been constructed on Final Plot Nos. 267 and 268 of the Town Planning Scheme No.2, Vadodara (Old Revenue Survey No. 50).

(2) As per the Town Planning Scheme No.2, a road of 7.5 metres width is pas














































































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