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2015 Supreme(Guj) 195

ABHILASHA KUMARI
Vijay Vallabhbhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff:Shalin N. Mehta, Learned Senior Advocate and Abhishek M. Mehta, Advocate
For Respondents/Defendant: Vacha Desai, Learned Assistant Government Pleader

JUDGMENT

Abhilasha Kumari, J.

1. Rule. Ms. Vacha Desai, learned Assistant Government Pleader, waives service of notice of Rule for respondents Nos. 1, 3 and 5 and Mr. Dhaval G. Nanavati, learned advocate, waives service of notice of Rule for respondent No. 4.

2. By way of the present petition preferred under Article 226 of the Constitution of India, the petitioners have, inter-alia, prayed for the issuance of a writ of Mandamus or any other appropriate writ or direction, quashing and setting aside the decision taken by the respondent authorities in seeking to put up the construction of the retaining wall/embankment, behind the subject land belonging to the petitioners and not along the periphery of the river boundary, on the right bank of the river Tapi, starting from Nehru Bridge to Magdalla Bridge in District Surat, as being arbitrary, malafide, irrational, unjustified and without any basis, in addition to being violative of Articles 14, 19, 21, 48A and 300-A of the Constitution of India. The petitioners have further prayed for directions to the respondent authorities to reconsider the alignment of the retaining wall/embankment on the basis of the river boundary demarcated in the re






























































































































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