Pil to defer RERA court hearings

Case Covered:

SUO MOTU

Versus

STATE OF GUJARAT

Read the full text of the case here.

Facts of the  case:

We have heard learned counsels Shri Vishwas Shah, Masoom Shah, and Shri B.V.Shah appearing for the petitioners in Writ Petition (PIL) No.46 of 2020; learned counsel Shri K.R.Koshti for petitioners in Writ Petition (PIL) No.45 of 2020; learned counsels Shri Vishal J. Dave and Shri Hiral U. Mehta, for applicants appearing in Civil Application 1 of 2020; learned counsel Shri Ramnandan Singh appearing for Indian Railways; learned counsels Shri Siddharth Dave and Shri Parth H. Bhatt appearing for Central Government; learned counsel Shri Bhadrish S. Raju, appearing for Airports Authority of India; Shri Kamal Trivedi, learned Advocate General assisted by Ms. Manisha L. Shah, learned Government Pleader and Shri Mitesh Amin, learned Public Prosecutor with learned Assistant Government Pleaders Ms. Krina Calla, Shri  J.K.Shah, Ms. Nisha Thakore, Ms. Vrunda Shah and Ms.Aishvarya Gupta, appearing for State authorities, Shri  Mihir Thakore, learned Senior Advocate assisted by Shri Salil Thakore, Shri Yatin N. Oza, Senior Advocate assisted by learned counsel Shri Marfatiya and learned counsel Shri Brijesh Trivedi appearing as amicus curiae. Shri Nipun Singhvi, the applicant in Civil Application No.1 of 2020 is present in the Court.

Observations of the court:

Learned Senior Counsels assisting the Court also submitted that the whole idea behind these measures to check, prevent and control the pandemic of COVID-19 is those first and foremost public gatherings should be avoided. In continuation of the same, it was submitted that although official and semi-official programs and gatherings have been suspended in place of religious worship apart from a few where such religious places have been closed and only Seva/puja/aarti/namaz/Gurbani and service is being carried out by the management, there are many which are still open and people are collecting in large numbers to offer their prayers whatever be their religion. 

Some of the temples in the State of Gujarat which on their own, voluntarily, have taken the decision to not allow entry to outside worshipers namely, (1) Ambaji, Banaskantha, (2) Dakor, Kheda, (3) Shamlaji, Arvalli (4) Shrinathji, Rajasthan and (5) Palitana as to avoid public gathering.

Since the spread of the Corona Virus is contagious, the gathering of large numbers has to be strictly avoided without fail. If people out of their sentiments continue to gather in large numbers at places of worship, the entire efforts to take precautionary measures for the spread of COVID-19 would be frustrated.

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