Gujarat High Court
Adivasi Kranti Trust vs State Of Gujarat on 17 September, 2019
Equivalent citations: AIRONLINE 2019 GUJ 597
Author: Vikram Nath
Bench: Vikram Nath, S.R.Brahmbhatt
C/WPPIL/161/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 161 of 2019
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ADIVASI KRANTI TRUST
Versus
STATE OF GUJARAT
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Appearance:
MR MUKESH A PATEL(636) for the Applicant(s) No. 1,2,3
MS MANISHA LAVKUMAR SHAH, SENIOR ADVOCATE AND GP assisted
by MS AISHVARYA GUPTA, AGP for the State
for the Opponent(s) No. 1,2,3,4,5,6,7,8
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH
and
HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
Date : 17/09/2019
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH)
1. We have heard Shri Mukesh A.Patel, learned counsel for the petitioners and Ms.Manisha Lavkumar Shah, learned Senior Advocate and Government Pleader assisted by Ms. Aishvarya Gupta, learned Assistant Government Pleader for the State respondents.
2. This petition under Article 226 of the Constitution of India framed as a Public Interest Litigation has been filed by Adivasi Kranti Trust as petitioner No.1 and two others, who are said to be residents of Village Rohina, Taluka Pardi, Page 1 of 5 Downloaded on : Wed Sep 18 21:36:28 IST 2019 C/WPPIL/161/2019 ORDER District Valsad, praying for the following reliefs:
"A. A writ of mandamus or writ in the nature of mandamus, or a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ order or direction may kindly be issued directing the respondents authorities to continue the land survey No.430 admeasuring H 1-15 G-34 Sq.Mt.(New survey No.605) of Village Rohina for use as Gauchar land and for Holding HAT for local villagers and the respondent No.8 may kindly be restrained from making construction of the land as well from restraining the local villagers from holding and participating in HAT over the land.
B. A writ of mandamus or writ in the nature of mandamus, or a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ order or direction may kindly be issued to the respondent authorities to take appropriate action against the respondent No.8 and the respondents may kindly be directed to remove the construction made over the land survey No.430 admeasuring H 1-15 G-34 Sq.Mt.(New survey No.605) of Village Rohina and to keep it open for Gochar and holding HAT for the local villagers and the respondent No.8 may kindly be directed to furnish details and to pay the charges/taxes for the use done qua the shops, till the date.
C. This Hon'ble Court may kindly be pleased to call for the explanation of the respondents authorities and be pleased to direct the authorities to take appropriate against erring authorities who has remained passive in taking timely action against the wrongful acts of the respondent No.8.
D. Pending admission hearing and final disposal of the present petition this Hon'ble Court may kindly be pleased to restrain the respondent No.8 from making further construction over the land and restrain the villagers from holding and participating in HAT over the land survey No.430 admeasuring H 1-15 G-34 Sq.Mt.(New survey No.605) of village Rohina and to keep it open for Gochar, in the interest of justice.
E. Any other appropriate relief grantable by this Page 2 of 5 Downloaded on : Wed Sep 18 21:36:28 IST 2019 C/WPPIL/161/2019 ORDER
Hon'ble Court may kindly be granted in the interest of justice."
3. In brief, the grievance is with regard to use of part of the land of Survey No.430(old Survey No.605) measuring H 1-15 G-34 sq.mtrs. for setting up an Agricultural Produce Market Yard or a Sub-market Yard. Further grievance is that the Agricultural Produce Market Committee (APMC) although allotted only 2000 sq.mtrs. of land is encroaching upon the surrounding land also of the aforesaid land survey number. It is also the case of the petitioners that aforesaid survey number is reserved as pasture land (gaucher) and as such, the said construction of market yard over this plot is contrary to the legal provisions. As such, this Court may issue appropriate directions restraining the respondents from setting up the market yard.
4. The petitioners have also claimed to have moved several applications to the Collector and District Development Officer (DDO), Valsad, dated 27/06/2018, 12/09/2018 and 14/09/2018 on which the DDO had sought for a report from the Taluka Development Officer vide letter dated 10/12/2018 but, thereafter, nothing has proceeded and the activities of the market yard of making constructions all over the place are continuing.
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C/WPPIL/161/2019 ORDER 5. On the other hand, learned Government Pleader
submitted that this land is a waste land and it belonged to the State. It has only been allowed to be used as gaucher land. Relevant extracts have been shown to us. It is further submitted by learned Government Pleader that land measuring 2000 sq.mtrs. of aforesaid survey number was allotted to APMC for setting up a market yard/sub-market yard in the year 1993 vide order dated 29/03/1993 to which, no challenge has been made so far and now that the APMC is setting up the market yard, objections are being raised for ulterior motive by the residents apparently as they do not wish to pay the market fee to APMC and wish to continue with their local Hat over part of the aforesaid land survey area.
6. Be that as it may, we feel that the Collector, Valsad may get the representation, that may be made by the petitioners hereafter, examined after obtaining relevant reports from the concerned department and ensure that the aforesaid survey number is used for the purpose for which it is legally authorized to be used and any unauthorized construction may not be allowed either by APMC or by private individuals. The Collector would also give due notice and an opportunity to all Page 4 of 5 Downloaded on : Wed Sep 18 21:36:28 IST 2019 C/WPPIL/161/2019 ORDER the stake holders and if necessary, register a case under section 79A of the Gujarat Land Revenue Code, 1879, if any eviction of unauthorized occupants is required. The said representation may be disposed of within a period of two months from the date a certified copy of this order is produced before the Collector, Valsad and in case further proceedings for eviction are to be taken, they may also be brought to a logical conclusion within a period of six months thereafter strictly in accordance with law. This Writ Petition (PIL) is accordingly disposed of. Direct service is permitted.
(VIKRAM NATH, CJ) (S.R.BRAHMBHATT, J) RADHAKRISHNAN K.V. Page 5 of 5 Downloaded on : Wed Sep 18 21:36:28 IST 2019