Court : Gujarat
Decided on : Aug-05-1987
Reported in : AIR1988Guj57; (1987)2GLR1325
ORDER1. Is there any right to carry on business or trade in unregulated manner and cause nuisance to the public and also become a health hazard to the society at large? If no, can the petitioners claim any right to be heard before they are asked to discontinue or prevent the nuisance? This, in substance, is the question which needs to be examined in this group of petitions.In these four petitions in all 165 petitioners who are conducting the business of dyeing and printing works at different places in the city of Rajkot challenge the notice issued by the respondent Municipal Commissioner which is produced at Annexure-A to the petitions. The notice is issued under S. 370-A of the Bombay Provincial Municipal Corporation Act, 1949. In this notice it is stated that at the place mentioned the, in the petitioners are discharging dirty water from the factory on public roads public drainage without purifying the same, thereby causing damage to the public health. Moreover, it is stated that on ...
Tag this Judgment!Court : Gujarat
Decided on : Nov-07-1987
Reported in : AIR1989Guj81; (1988)1GLR209
Majmudar, J.1. Introductory facts: Both these petitions under Art. 226 read with Art. 14. of the Constitution have been filed by large number of occupants of flats situated in colonies known as 'H' and 'L' colonies at Paldi Locality in this city. These, colonies were constructed by Gujarat Housing Board; respondent 2 in each of these petitions. 1 They were placed at the disposal of State of Gujarat, respondent I in both these petitions for allotting these concerned fiats 396 in number,. to Government servants amongst others. Initially, these allotments were made to the concerned Government servants who were to be housed on the formation of the State of Gujarat on 1-5-1980. The petitioners contend that these flats should be allotted to them on hire-purchase basis and they should be made the owners thereof In this, connection, they challenge the resolution dated 18-2-1975 issued by the State of Gujarat in Public Works Department converting all the existing 396 flats in lower income group...
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