Gujarat High Court
Chiragbhai Subhashbhai Shah vs State Of Gujarat & on 14 February, 2013
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
CHIRAGBHAI SUBHASHBHAI SHAH....Applicant(s)V/SSTATE OF GUJARAT C/WPPIL/255/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD WRIT PETITION (PIL) NO. 255 of 2012 ================================================================ CHIRAGBHAI SUBHASHBHAI SHAH....Applicant(s) Versus STATE OF GUJARAT & 6....Opponent(s) ================================================================ Appearance: MR APURVA R KAPADIA, ADVOCATE for the Applicant(s) No. 1 MS VACHA DESAI, ASST.GOVERNMENT PLEADER for the Opponent No. 1 MR DIPAK R DAVE, ADVOCATE for the Opponent(s) No. 6 MR HEMANG R RAWAL, ADVOCATE for the Opponent(s) No. 3 ================================================================ CORAM: HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 14/02/2013 ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) By this Public Interest Litigation, the petitioner has prayed for issue of mandamus or other appropriate writ to declare that respondent no.4 has no power, authority or jurisdiction to grant permission for construction on the land in question in favour of the respondent no.6 on gauchar land and for further declaration that all the permissions granted by the respondent no.4 in favour of the respondent no.6 and other persons be declared as illegal, void ab initio and without authority or power.
According to the petitioner, the respondent no.6 has purchased gauchar land out of Survey No. 1280/170 measuring 6.52 sq.mts. and subsequent permission has been granted for making construction over the gauchar land.
This application has been opposed not only by the respondent no.6 but also by the State-respondent, thereby disputing the allegations made in the Public Interest Litigation.
At the time of hearing, the deeds of purchase, by virtue of which the respondent no.6 acquired title to the property in question, have also been placed before us. It appears from the official records that the property has been described as gamtal. There is no trace of any gauchar in any of the official records.
Mr. Apurva R. Kapadia, the learned advocate appearing on behalf of the petitioner strenuously contended before us that in fact, in connivance with the respondent no.4, one of the govt. officials, huge amount of gauchar land has been included in Survey No. 1280/170 and by taking aid of such improper act on the part of the respondent no.4, the land was purchased by the respondent no. 6 which is really a part of gauchar land.
We are afraid, we find no foundation of such allegation in the writ-application. We are satisfied from the materials on record including the affidavits filed by the State-respondents that the land purchased by the respondent no.6 was not gauchar land, but was really gamtal.
We, thus, find no merit in this application and consequently, the same is dismissed. Notice is discharged. Interim order granted earlier stands vacated.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) pirzada/-
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