Gujarat High Court
Sunitakarankumar Sharma vs The Chief Officer, Pethapur ... on 16 November, 2021
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/15744/2019 ORDER DATED: 16/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15744 of 2019
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SUNITAKARANKUMAR SHARMA
Versus
THE CHIEF OFFICER, PETHAPUR NAGARPALIKA
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Appearance:
MR.AMIT R JOSHI(6682) for the Petitioner(s) No. 1,2,3,4,5,6,7,8,9
MR MEET THAKKAR, AGP (11) for the Respondent(s) No. 4
MR J G PANCHAL(2672) for the Respondent(s) No. 1
MR P J YAGNIK(1004) for the Respondent(s) No. 1,3
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 16/11/2021
ORAL ORDER
1. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the notice dated 7.8.2019 issued by the Pethapuar Nagar Palika which is now under the Gandhinagar Municipal Corporation by virtue of the notification issued by the State Government.
2. Heard learned counsel for the respective parties and perused the record.
3. The petitioners were constrained to approach this Court as by the notice dated 7.8.2019, the petitioners have been asked to vacate the Page 1 of 3 Downloaded on : Wed Nov 17 05:55:01 IST 2021 C/SCA/15744/2019 ORDER DATED: 16/11/2021 land in question as according to the author of the notice, the land is Government land on which the petitioners have encroached upon.
4. Mr. Amit R. Joshi, learned counsel for the petitioners would submit that the petitioners are occupying the land in question for over a period of 10 years and various documents such as Aadhar Card, Election Card etc. have been issued.
5. Mr. P.J. Yagnik, learned counsel appearing for the Municipal Corporation would draw the attention of the Court to the affidavit-in- reply and submit that the petitioners are not having valid title over the subject land. The land is ownership of the Government being Gamtal Land and the documents which are pressed into service by the petitioners would not establish the petitioners' ownership or title over the land in question.
6. Mr. Joshi, learned counsel for the petitioners would submit that in any event the petitioners would want to approach the Competent Authority for being given an alternative accommodation in accordance with the policy of rehabilitation in vague, apropos request shall be made by the petitioners. The petitioners shall make a written representation to the Competent Authority for being granted alternative accommodation Page 2 of 3 Downloaded on : Wed Nov 17 05:55:01 IST 2021 C/SCA/15744/2019 ORDER DATED: 16/11/2021 in accordance with the policy that is in practice. Such representation shall be made to the Competent Authority by the petitioners within a period of two weeks from today. On such request being made, the Competent Authority shall decide such representation in accordance with law within a period of four weeks. The interim relief granted by this Court shall continue till such representation is decided by the Competent Authority.
7. The petition stands disposed with the above observations. Direct Service is permitted. No costs.
(BIREN VAISHNAV, J) *** VATSAL Page 3 of 3 Downloaded on : Wed Nov 17 05:55:01 IST 2021