Gujarat High Court
Thakor Gopalji Hamirji & vs Rajput Dalpuji Hariji & on 29 January, 2013
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
THAKOR GOPALJI HAMIRJIV/SRAJPUT DALPUJI HARIJI C/MCA/215/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION (FOR RESTORATION) NO. 215 of 2013 In WRIT PETITION (PIL) NO. 141 of 2011 With CIVIL APPLICATION NO. 1189 of 2013 In MISC.CIVIL APPLICATION (STAMP NUMBER) NO. 204 of 2013 With MISC.CIVIL APPLICATION (STAMP NUMBER) NO. 204 of 2013 In WRIT PETITION (PIL) NO. 141 of 2011 With MISC.CIVIL APPLICATION NO. 55 of 2013 In WRIT PETITION (PIL) NO. 141 of 2011 ================================================================ THAKOR GOPALJI HAMIRJI & 183....Applicant(s) Versus RAJPUT DALPUJI HARIJI & 15....Opponent(s) ================================================================ Appearance: MR SANJAY D SUTHAR, ADVOCATE for the Applicant(s) No. 1 MR ADIL MEHTA, ADVOCATE for the Opponent(s) No. 1 7 MS VACHA M DESAI, AGP for Opponent No.8 MR RS SANJANWALA, SR.ADVOCATE WITH MR HARDIK MODH FOR OPPONENT NO.13 IN MCA No. 215 OF 2013 ================================================================ CORAM: HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 29/01/2013 ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) Amendment as prayed for in Misc. Civil Application No. 215 of 2013 is allowed. Let four persons mentioned in the draft amendment be added as opponents No.17 to 20 in Misc. Civil Application No. 215 of 2013.
These applications are taken up together as the case made out by the applicants in these matters is similar.
By these applications, the applicants have prayed for recall or review of the order dated November 8, 2012 passed by this Bench in Writ Petition [PIL] No. 141 of 2011 and also the subsequent order dated January 18, 2013 passed by this Bench in Misc. Civil Application No. 3090 of 2012 in the above Public Interest Litigation for extension of time limit for removal of dwelling units/residential units of the applicants which are situated upon the land in question for further period of six months so as to enable them to get alternative residential accommodations in the facts of the present case.
In the above Public Interest Litigation, the allotment of gauchar land in favour of one Spice Board was challenged. It appears that the total area of gauchar land of Tarabh Gram Panchayat is 85.02 hectares and it is spread over nine revenue survey numbers. Out of the aforesaid land, land admeasuring 67.35.55 hectares was allotted to the Spice Board. It came to light that the balance area admeasuring approximately 17.45 hectares was used as gauchar land, but there were in all 132 encroachments on the revenue survey allotted to the Spice Board and around 70 odd encroachers on the west of gauchar land. In such circumstances, we disposed of the application by directing the respondent no. 8 to ensure that each and every encroachment on any part of gauchar land of the village should be removed and possession of such land should be taken over by the Gram Panchayat in accordance with law. We directed the Collector, Mehsana to ensure that Tarabh Gram Panchayat of Taluka Visnagar takes appropriate steps to remove each and every encroachment from the gauchar land or the gamtal of the village Tarabh, if such action has not been taken till that date. Subsequently, by further order, we extended the time when some of the encroachers came forward for extension of the time limit up to January 31, 2013 for compliance of our order.
Before the expiry of such time limit, now further encroachers have come up with these applications for further extension of six months time.
In none of the applications, the applicants have alleged any right over the property in question. In other words, they are not disputing that they have encroached the govt. land. In such circumstances, on earlier occasion we gave direction upon the respondent no. 8 to evict them after complying with the formalities required under Section 105 of the Gujarat Panchayat Act for taking over possession from the encroachers.
There is no dispute that notice in terms of Section 105 of the Act has been served upon the present applicants. The grievance of the applicants is that they be given more time than the one prescribed in Section 105 of the Act. We are of the view that the status of the present applicants being no better than that of the encroachers of the govt. land, once notice in terms of Section 105 of the Act has been served, the applicants are not entitled to get any further time.
We accordingly reject these applications on the above ground.
Since we have also dismissed Misc. Civil Application [Stamp] No. 204 of 2013 itself along with other analogous Misc. Civil Applications, Civil Application No. 1189 of 2003 filed in the said MCA for condonation of delay also stands dismissed.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) pirzada/-
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