We have gone through the report, of the Nazir who was appointed as Commissioner to inspect the site and submit the report.
2. According to the Nazir report beside wall there are Restaurants, which are on the sea shore. He in his report has submitted that at the Sea-view there is no wall, therefore, while driving the vehicle or walking on the road, one can view the sea besides the fountain installed therein. The grievance of the petitioner that while driving on the Sea- view Road or while walking on the parallel- road of the Sea- view the sea cannot be viewed on account of the wall erected in between the road and the beach. The person who wants to view the sea normally goes to the beach and would not walk on the road or root-path.
3. It does not appeal to reason that a person who is driving and or sitting in a car would like to view the sea or a person. Who is walking on across the Sea-view apartments Road which is of 200 feet vide would object to the wall on the ground that it blocks his view of seaside. One who wants to enjoy the view of sea would normally land in the beach after crossing the wall. Erecting a wall with the road side of the sea would be in the larger interest of pubic and the petitioner has no right to object to it by such a wall even encroachment on the beach would be restricted.
4. This petition merits dismissal and is accordingly dismissed in limine with listed applications.