The Home Department's notification dated June 15, 1999, and brought out by the Government under section 9 (3) of the Manoeuvres Field Firing and Artillery Practice Act, 1938, authorised the Army to carry out field firing and artillery practice for five years from August 15, 1999 to August 14, 2004 in an area of 735 acres in the villages.

Maneklal Ambalal Patel and others filed a public interest litigation praying that the Government notification be quashed as it was unconstitutional and violative of fundamental rights guaranteed under the Constitution. The petitioners also challenged sections 3 and 9 of the Act stating they were violative of the Constitution and, therefore, they stand obliterated and were unenforceable.

Advocate A J Patel, appearing for the petitioners, pointed out that field firing and artillery practice could not be allowed in a residential zone as residents of the four villages would be affected by the Government notification and they would have to vacate the surrounding area including the 735 acres. He said field firing was posing a threat to their life as well as to the cattle.

Patel submitted that after the Government notification, 228 people including the petitioner represented their case before the Chief Minister, Home Minister, former MP Harin Pathak, Naroda MLA Mayaben Kodnani, AUDA chairman, Ahmedabad Collector and Commissioner of Police. But their grievances had gone unheard, he said. The court directed the State Government to listen to their grievances and decide on the representations. The Government has been directed to dispose of the representation within a stipulated period.