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2010 Supreme(Raj) 1738

JAGDISH BHALLA, DINESH MAHESHWARI
Municipal Council, Udaipur – Appellant
Versus
Bharat Hotels Ltd. , New Delhi – Respondent


Advocates:
For the Appellant:Bhushan Singh Charan, Advocate.
For the Respondent No. 1:P.P. Choudhary, Advocate.
For the State:Anand Purohit, Additional Advocate General.

JUDGMENT

1. - This special appeal is directed against the order dated 03.05.2010 passed in CWP No. 11072 of 2009, Bharat Hotels Limited v. State of Rajasthan & Anr. whereby the learned Single Judge has allowed the prayer for interim relief made by the respondent No.1 (writ petitioner) and has directed the appellant Municipal Council, Udaipur to issue necessary construction permission upon deposit of a sum of Rs. 1.5 lacs towards the fees for environmental charges under the notified law.

2. The subject-matter of this appeal being confined to the legality and propriety of the order passed by the learned Single Judge on the prayer for interim relief in the writ petition; and else, the writ petition being posted for hearing before the learned Single Judge, only a brief reference to the background facts would suffice. On 13.05.2005, the respondent No.1, Bharat Hotels Limited moved an application before the appellant Municipal Council, Udaipur seeking permission for carrying out addition/alteration in the premises of "Grand Laxmi Vilas Palace, Udaipur". The appellant Municipal Council, in the first place, pointed out by its communication dated 05.11.2005 that the permission sought for co











































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