Sheth Samvegbhai Arvindbhai ... vs Ashvin Singh Harendra Singh ...

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. Leave to join Collector, Bhavnagar, Revenue Secretary, who are already the parties in the main matter, and additionally DDO as party respondents.

C/MCA/378/2020 ORDER

2. Leave to amend prayer clause 13(e) and to add the words "change of position".

3. Let the amendment be carried out during the course of the day.

4. Being aggrieved by the non-compliance and the severe breach of the order passed by this Court on 12.09.2018 in Special Civil Application No. 14079 of 2018, whereby, the Court injucted the parties,the applicant- original petitioner is before this Court, seeking initiation of the proceedings under the Contempt of Courts Act and to punish the opponents for willful disobedience.

5. We have heard the learned Sr. Advocate, Mr. Mihir Joshi, with learned Advocate, Mr. Nirav Sanghvi, for the applicant-original petition.

5. Learned Sr. Advocate, Mr. Joshi, took this Court through the photographs, which are taken on 16.07.2020, which have been tendered to urge that there has been intentional flouting of the order of this Court. It is further urged that it is quite apparent from the photographs of the changes that there is a substantial alteration in the position of the land by carving out a motorable road on the hill. He also has detailed, as to how the representations made to the different authorities of massive damage to the ecology in a clear breach of the court's order, have fallen on deaf ears.

6. Notice, returnable on 29th July, 2020. Learned APP, Mr. Soni, waives service of notice for newly joined respondents.

PARAGRAPH-13(C) AND (E). The DDO shall OVERSEE that there is strict compliance of the order of this Court.

7. Direct service through EMAIL / FAX is permitted.

(SONIA GOKANI, J) (N.V.ANJARIA, J) MISHRA AMIT V./UMESH Page 3 of 3 Downloaded on : Mon Jul 27 21:07:36 IST 2020