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2004 Supreme(Raj) 337

O.P.BISHNOI
Dr. Jagdish Prasad – Appellant
Versus
State of Rajasthan – Respondent


Appearance :
Sandeep Shah, Advocate for the Appellant
Lalit Kawadia, D.D. Kala, Suresh Shrimali and Jagdish Prasad, Advocates for the Respondents

Judgment

1. By way of instant application under Section 114 read with Order 47, Rule 1, CPC. the applicants namely Mangi Lal. Banshi Lal, Chhagan Lal, Ganesh Lal sb Modu Ram and Ganesh Lal sb Babu Lal resident of Kumharon Ka Bhatta, Udaipur seek review of the order of this Court dated 25-8-2003 passed in a public interest litigation directing the Urban improvement Trust. Udaipur to shift all the brick-kilns within the City of Udaipur to the land sanctioned by the State Government vide Annexure-Rl3, dated 23-8-2003 in village-Odwadiya. Tehsil, Mavil.

2. itis submitted that for the manufacture of the bricks requirement of water. appropriate soil and easy mode of transportation is necessary. The proposed site in village Odwadiya is not appropriate for establishing brick kilns as the site does not have sufficient soil requirement inasmuch as it is a rocky area. The applicants have suggested other site in village Lakarwas, Eklingpura, Para-Ka-Khet. Tila-Ka-Khera and western side’s land to Mantoon Mines.

3. Acounter-affidavit has been filed by Shri Lal Singh Tehsildar, Urban Improvement Trust, Udaipur. It is averred that pursuant to the directions of this Court the Additional Collector,



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