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2025 DIGILAW 177 (GUJ)

Chitra (B) Publicity Company through its Proprietor Bakulesh Kantilal Mehta v. Gujarat State Human Rights Commission

2025-02-28

ANIRUDDHA P.MAYEE

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ORDER : ANIRUDDHA P. MAYEE, J. 1. Heard Mr. R.S. Sanjanwala, learned senior counsel assited by Mr. Heet B. Jhaveri, learned counsel appearing for the petitioner. 2. Learned senior counsel Mr. Sanjanwala submits that the petitioner was inflicted penalty by the Ahmedabad Municipal Corporation on the ground that the petitioner has carried out intense trimming of the trees which were obstructing the advertisement hoardings. By order 28.6.2024, the Ahmedabad Municipal Corporation has imposed a penalty of Rs.50 lacs on the petitioner for trimming of 24 trees. Mr. Sanjanwala submits that the said order dated 28.6.2024 has been challenged in Special Civil Application No.10577 of 2024, wherein by order dated 22.7.2024, this Court has issued notice to the respondent and in the meantime, it has been directed that no coercive steps shall be taken by the respondent. Mr. Sanjanwala submits that said Special Civil Application No.10557 of 2024 is pending consideration before this Court. Mr. Sanjanwala submits that thereafter, the Gujarat State Human Right Commission has suo moto taken the cognizance upon the news item, whereby the issue of trimming of trees was reported. Pursuant thereto, the respondent Human Right Commission issued summons to the petitioner for the said issue of trimming of 24 trees. The first summons came to be issued on 20.11.2024 and that thereafter, the petitioner has put in appearance before the respondent Commission and submitted its reply dated 26.11.2024, whereby it has been brought to the notice of the respondent Commission that the matter is sub-judice before this Court in Special Civil Application No.10557 of 2024. Copy of the order and the memo was also attached with the reply submitted to the respondent Commission. Mr. Sanjanwala submits that despite taking note of the same, the respondent Commission has, thereafter, issued summons dated 29.11.2024 11.12.2024, 26.12.2024 and 24.2.2025. Mr. Sanjawala submits that the next date of hearing before the respondent Commission is 3.3.2025. 3. Learned senior counsel Mr. Sanjanwala submits that since this Court is already seized with the matter with respect to trimming of the trees and imposition of penalty thereon by the Ahmedabad Municipal Corporation, the respondent Commission has initiated the parallel proceedings. Mr. Sanjanwala submits that till the Special Civil Application No.10557 of 2024 is adjudicated, the respondent Commission may not proceed further in the said case. 4. Learned senior counsel Mr. Mr. Sanjanwala submits that till the Special Civil Application No.10557 of 2024 is adjudicated, the respondent Commission may not proceed further in the said case. 4. Learned senior counsel Mr. Sanjanwala further submits that Regulation 8(1)(b) stipulates that the respondent Commission shall ordinarily not entertain any complaint with regard to the matters which are sub-judice. He submits that in view of the said Regulation, the respondent Commission ought not to have initiated such suo moto proceedings. 5. Issue NOTICE returnable on 9.4.2025 6. In the meantime, the suo moto proceedings in Case No.HRC/2024/Press/124/Legal-3 qua the petitioner shall remain stayed till the next date of hearing. Direct Service is permitted.