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2021 Supreme(Guj) 540

VIKRAM NATH, ASHUTOSH J.SHASTRI
Heritage Trust – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr Salil M Thakore assisted by Ms Krishna Shah Advocate
For the Opponent :Ms Shruti Pathak Assistant Government Pleader, Mr Kamal Trivedi Sr. Advocate assisted by Mr Ramnandan Singh, Ms Archana Uamin

JUDGMENT :

VIKRAM NATH, J.

1. The Heritage Trust, a public trust registered under the Gujarat Public Trusts Act, 1950 with its registered office at Vadodara, joining with 7 Executive Committee members has filed the present petition under Article 226 of the Constitution of India framed as a Public Interest Litigation.

1.1 It has been firstly prayed that the respondents i.e. the Union of India through Ministry of Railways, Rail Vikas Nigam Limited (RVNL), National Academy of Indian Railways (NAIR) and State of Gujarat, Ministry of Tourism, be restrained from constructing any building on the gardens or the area in front of the Pratap Vilas Palace, Vadodara or at any place that would obstruct the view and ambience of the palace or its gardens.

1.2 The second relief claimed is for appropriate directions commanding the respondents to take necessary steps to construct the proposed building at an alternative place which will not obstruct the view or ruin the ambience of the Pratap Vilas Palace, Vadodara or its gardens.

1.3 It is next prayed that an appropriate direction be issued to the respondents to take all steps that are necessary for protecting and preserving the Pratap Vilas Palace, Vadod

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