Gujarat High Court
Dharamshi Meghji Savla vs Bidada Gram Panchayat & 7 on 27 March, 2015
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/11064/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 11064 of 2014
With
SPECIAL CIVIL APPLICATION NO. 4825 of 2015
With
SPECIAL CIVIL APPLICATION NO. 4871 of 2015
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DHARAMSHI MEGHJI SAVLA....Petitioner(s)
Versus
BIDADA GRAM PANCHAYAT & 7....Respondent(s)
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Appearance:
MR MEHUL S SHAH, ADVOCATE for the Petitioner(s) No. 1
MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 1 - 3
MR VAIBHAV A VYAS, ADVOCATE for the Respondent(s) No. 5 - 8
NOTICE SERVED BY DS for the Respondent(s) No. 4
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 27/03/2015
ORAL ORDER
1. In pursuance of the order dated 19.03.2015, this group of petitions is listed today.
2. Mr.Munshaw, learned advocate for the respondent panchayat and other officers submitted that after the order dated 19.03.2015 was passed, the respondents started the process of preparing Page 1 of 6 C/SCA/11064/2014 ORDER the lists. However, the respondent Collector took the decision that before taking any action of removing encroachment, proper measurements by DLIR may be taken and the process of removing encroachment over Gauchar land should be started, thereafter, so that proper identification of all parcels of Gaucher land can be made.
3. On the said aspect, learned advocate Mr.Munshaw for the respondent nos.1 to 3 submitted that the process of measurement has commenced and the respondents will require one week's time and some further time to take action for removing encroachment over Gaucher land.
4. Mr.Munshaw, learned advocate for the respondent nos. 1 to 3 submitted that actually, by now, the process of measurement by DILR is completed, however, the reports have not been finalized and submitted to the Panchayat and that further action will be started upon receipt of the reports.
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5. Mr.Shah, learned advocate for the petitioner in Special Civil Application No.11064 of 2014 has tendered an affidavit on behalf of the petitioner.
6. Mr.Shah, learned advocate for the petitioner submitted that according to the petitioner, his construction was not put up over the Gauchar land and the respondent Panchayat arbitrarily removed the construction without proper verification of facts and record.
7. Mr.Shah, learned advocate for the petitioner also submitted that after having passed order on 19.03.2015, until now, the respondents have not taken any action and the schedule mentioned in the order dated 19.03.2015 is not observed and complied with by the respondent Panchayat.
8. Mr.Munshaw, learned advocate for the respondent nos. 1 to 3 submitted that the Page 3 of 6 C/SCA/11064/2014 ORDER respondents deferred the actual action of removing the encroachment with a view to avoiding any grievance and complaints and with a view to ascertaining the factual aspects before taking action of actual removal.
9. Even if the thought and idea behind the action of not following the schedule mentioned in the order dated 19.03.2015 (as mentioned by learned advocate for the respondent nos.1 to 3) is taken into account, then also the respondents could not have changed the schedule without seeking permission from the Court and permission for deferring the action should have been prayed for and taken by filing appropriate application.
10. The respondent Panchayat and/or the collector could not have unilaterally disregarded the schedule mentioned in the order dated 19.03.2015, more particularly in Paragraph Nos. 16 to 18 of the said order.
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11. Mr.Shah, learned advocate for the petitioner submitted that the respondents have not completed the said procedure, which is mentioned in the Paragraph Nos.16 to 18 of the said order dated 19.03.2015.
12. Though the Court may consider and take into account justification urged by the respondents in support of the action of not proceedings further with task of removing encroachment before verifying the measurement and identifying the encroachment, the action of respondents of changing schedule unilaterally without permission cannot be overlooked and/or countenanced. As mentioned earlier, by making appropriate application, permission should have been requested for.
13. Since the respondents have taken the decision unilaterally and without seeking permission from the Court, following order is passed:-
(A) While granting / extending the time to Page 5 of 6 C/SCA/11064/2014 ORDER complete the procedure of measurement, preparing the report and identification of the respective lands, i.e. Gaucher land, Gamtal land and Government land and for displaying the said final lists, it is directed that respondent nos. 1, 3 and 4 will remain present in the Court on 30.03.2015.
14. As mentioned above, further time is granted / extended to enable the respondents to complete the procedure, however, the schedule for the said purpose will be fixed on 30.03.2015 after considering the submissions by the said officers and hearing the petitioner in Special Civil Application No.11064 of 2014 and other petitioners who have taken out other petitions, the schedule will be fixed on 30.03.2015.
(K.M.THAKER, J.) Girish Page 6 of 6