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2004 Supreme(Raj) 343

N.N.MATHUR, O.P.BISHNOI
JAGDISH PRASAD – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
D.D.KALA, JAGDISH PRASAD, Sandeep Shah, SURESH SHRIMALEE

Judgment


N. N. MATHUR, J.

( 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 s/o Modu Ram and Genesh Lal s/o 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-R/3, dated 23-8-2003 in village-Odwadiya, Tehsil, Mavil.

( 2 ) IT is submitted that for the manu-facutre 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 sides land to Mantoon Mines.

( 3 ) A counter-affidavit has been filed by shri Lal Singh, Tehsildar, Urban Improvement Trust, Udaipur. It is averred that pursuant to the directions of this


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