Gujarat High Court
Gangebhai Laljibhai Dhodakia vs State Of Gujarat Thro Secretary To ... on 16 September, 2014
Author: J.B.Pardiwala
Bench: Akil Kureshi, J.B.Pardiwala
C/WPPIL/193/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 193 of 2012
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GANGEBHAI LALJIBHAI DHODAKIA....Applicant(s)
Versus
STATE OF GUJARAT THRO SECRETARY TO GOVERNMENT &
4....Opponent(s)
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Appearance:
MS MAMTA R VYAS, ADVOCATE for the Applicant(s) No. 1
MR VANDAN BAXI, AGP for the Opponent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 16/09/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) By this writ application in the nature of a public interest litigation, the petitioner, a resident of village Raja Vadia (Jam) of Taluka Jasdan, District Rajkot has a grievance to redress as regards the authorities granting permission in favour of the respondent No.5 Company for erecting a wind mill in the land bearing survey Nos.259 and 269 of Moje Raj Vadia (Jam). According to the petitioner, if the Company is permitted to erect the wind mill, the area of gaucher land used for grazing of cattle would get curtailed substantially and the cattle in the village would have to suffer.
It is in the aforesaid background that he has prayed for appropriate Page 1 of 3 C/WPPIL/193/2012 ORDER directions to the authorities not to permit the respondent No.5 from using such land for erection of a wind mill.
This matter was filed in the year 2012. On 13 th September 2012, it was taken up for hearing for the first time. On that date, the petitioner was directed to file a supplementary affidavit annexing the recent photographs of the area where the windmill had been installed. It appears that thereafter on number of occasions, time was prayed for by the petitioner to file such supplementary affidavit. However, as on date, no such supplementary affidavit has been filed. In any view of the matter, Mr.Baxi, the learned AGP appearing for the State Government has drawn our attention to Annexure B at page 21. According to Mr.Baxi, it is only block/survey No.259 part 39 admeasuring 121.40.64 hactares which has been denoted as gaucher land. None of the other survey numbers are part of gaucher land. According to Mr.Baxi, four hactare of land has been alloted in favour of the respondent No.5 forming part of survey No.259 part 40.
Thus, it appears from the materials on record that no part of any gaucher land has been alloted by the Government in favour of the respondent No.5. Therefore, the grievance of the petitioner is not well founded.
For the foregoing reasons, we do not find any reason to entertain this application and the same is accordingly rejected. No costs.
(AKIL KURESHI, J.)
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C/WPPIL/193/2012 ORDER
(J.B.PARDIWALA, J.)
(vjn)
Page 3 of 3