We have heard Mr. D.C. Dave, learned Senior Counsel assisted by Mr. P.A. Jadeja appearing for the appellant, Mr. P.K. Jani, learned Government Pleader assisted by Mr. Rashesh Rindani, learned Assistant Government Pleader appearing for respondent Nos.1 to 3 and Mr. H.S. Munshaw, learned counsel appearing for respondent No.4. 2. Learned Government Pleader Mr. P.K. Jani has placed on record three affidavits filed by Chief Secretary, Government of Gujarat, Additional Chief Secretary, Home Department and Additional Director General and Inspector General of Prisons, State of Gujarat.
3. In paragraph 4 of the affidavit filed by Chief Secretary, Government of Gujarat, it is stated as under :-
“4. In view of such situation, as a special case, the Additional Director General and Inspector General of Prisons would give No Objection Certificate to the appellant of putting up the construction of Ground + 3 Floors. However, it is prayed to this Hon'ble Court that the aforesaid act on the part of the State Government be not construed as precedent.
That the Additional Director General and Inspector General of Prisons takes this decision, as a special case without this being cited as precedent in any case, in future. That it is further prayed that the appellant be directed to put up the construction in such a manner, that it does not affect the safety and security of jail. It is further prayed to this Hon'ble Court that the appellant be directed to see that he shall not permit the occupation of the building in future, in any manner, which has the effect of endangering the safety and security of jail.”
4. In view of the peculiar facts and circumstances of the case, this appeal is disposed of in terms of the above referred paragraph 4 of the affidavit filed by Chief Secretary, Government of Gujarat. It is made clear that this case shall not be treated as precedent for grant of permission either by the Jail authority or by any Court.
5. In view of disposal of appeal, both the civil applications do not survive and they are accordingly disposed of. The parties to bear their own costs.
Sd/-
[V. M. SAHAI, J.] Sd/-
[A. J. DESAI, J.] Savariya