Advocates:
['PANKAJ KUMAR BOHRA', 'KUMAR JAIN NIRAJ KUMAR JAIN', 'DR P DAVE', 'MM DHERA', 'AK DHERA']

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D.B.Civil Writ Petition (PIL) No.8705/2015

19.8.2015

HON’BLE CHIEF JUSTICE MR.SUNIL AMBWANI

HON’BLE MR.JUSTICE AJIT SINGH

Mr.Niraj Kumar Jain for the petitioners.

Mr.M.M.Dhera for the respondents No.3 to 5.

A preliminary objection has been taken that a civil suit

has been filed by the private respondents restraining the respondents

from interfering in the constructions, in which an interim injunction

has been granted by the trial court. The 11 persons have applied for

impleadment in the suit including the petitioners, who have filed this

public interest litigation.

It is submitted that the constructions are being made

strictly in accordance with the building plan and that the petitioners

having alternative remedy, should not be heard by this Court.

We have examined the order granting interim injunction

dated 11^th June, 2015, in which the trial court has recorded its

satisfaction regarding the ownership and existence of sanctioned plan.

The trial court, however, has not made any observation regarding the

extent of constructions being carried out and whether the

constructions are made strictly in accordance with the building plan.

Learned counsel for the petitio