(Per : HONOURABLE MR.JUSTICE A.L.DAVE) Heard Dr.Mukul Sinha, learned advocate for the applicant.
2. The applicant alleges contempt of the Court at the hands of the respondents by committing breach of the order passed by this Court on 21st November, 2008 in Special Civil Application No. 23637/2007 and allied matters. The order runs as under :-
With consensus of the parties, we are inclined to dispose of these matters with a direction to the State Government to pass final orders on the applications filed by the Commissioner, within a period of four months from the date of receipt of copy of this order, after giving notice to the petitioners and after giving an opportunity of hearing to the petitioners as well as the Corporation and other affected parties, if any. It is also open to the petitioners to raise all the contentions before the Government, which are taken in these petitions.
3. Learned Advocate Mr.Sinha for the applicant contended that the Government has taken a decision without any audience being given to the applicant, though directed by the Court, and in support of his contention, he has relied on Annexures H & I, which are Resolutions of the Standing Committee and the General Body of the Ahmedabad Municipal Corporation dated 18.6.2009 and 24.7.2009 respectively.
4. Mr.Sinha has taken us through these Resolutions. It was attempted to impress that these Resolutions are passed on the basis of the decision of the Government dated 26th March, 2009, which finds reference in the Resolution (Annexure-H) passed by the Standing Committee. Barring this, there is no other material on record to show that the Government has taken any decision pursuant to the direction of this Court.
5. Upon reading Resolution (Annexure-H), we find that the communication by the Government to the Ahmedabad Municipal Corporation dated 26th March, 2009 bearing No.AMN/902006/193/P was addressed to the Corporation requiring the Corporation to make a fresh proposal for consideration of the Government, and on the basis of that communication, a resolution was passed recommending to the Corporation to continue with the policy as determined by the Corporation's Resolution No.544, dated 17.8.1976 and the Standing Committee's Resolution No.895 dated 28.7.1976. On the basis of that recommendation of the Standing Committee, the General Body of the Municipal Corporation passed Resolution (Annexure-I) on 24.7.2009 accepting the recommendation of the Standing Committee.
6. On the basis of these documents, it cannot be said that the Government has taken any decision in the matter pursuant to the direction of this Court, breach of which is alleged. In this set of circumstances, this application cannot be entertained and stands rejected.
[A.L.Dave,J.] [K.A.Puj,J.} (patel) Top