Gujarat High Court
Parmar vs State on 10 January, 2012
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
Gujarat High Court Case Information System
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SCA/165/2012 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 165 of 2012
To
SPECIAL
CIVIL APPLICATION No. 172 of 2012
=========================================================
PARMAR
DEVUBEN BAVABHAI THRO BAVABHAI A PARMAR - Petitioner(s)
Versus
STATE
OF GUJARAT THRO SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
JV BHAIRAVIA for
Petitioner(s) : 1,
MR PRANAV S DAVE, ASST.GOVERNMENT PLEADER for
Respondent(s) : 1,
MR KAMAL TRIVEDI, SENIOR ADVOCATE WITH MR
NISHANT LALAKIYA for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 10/01/2012
COMMON ORAL ORDER
1. Heard Mr.J.V.Bhairavia, learned advocate for the petitioner. It is submitted by him that the petitioners are residing at their present residential addresses for over three decades and have now been served with the notices under Section-260(1) and 260(2) of the Gujarat Provincial Municipal Corporation Act, 1949 on 14.12.2011 and 03.01.2012, respectively. It is submitted that the area where the petitioners reside was formerly within the limits of Nanamava Gram Panchayat and later in the Nanamava Nagarpalika, which has now been included and merged in the Rajkot Municipal Corporation.
2. Mr.Kamal Trivedi, learned Senior Advocate with Mr.Nishant Lalakiya, learned advocate, appears for respondents Nos.2 and 3 and submits that the land on which the petitioners are residing is a Gamtal land belonging to the Government, as per revenue records and the names of the petitioners or their forefathers do not appear in any of the revenue records. It is further submitted that there is no document to show that the occupation of the petitioners on the land in question is legal or that the constructions put up by them have been authorized by the erstwhile Gram Panchayat or Nagarpalika. It is brought to the notice of this Court that the earliest document in possession of the petitioners is of the year 1995, which is a receipt of the erstwhile Nagarpalika in connection with House Tax. Mr.Kamal Trivedi, learned Senior Advocate has, however, fairly stated that the Rajkot Municipal Corporation shall make all attempts to accommodate the petitioners in any appropriate Scheme, if possible, therefore, some time may be granted to take instructions and apprise the Court regarding the same.
3. Mr.J.V.Bhairavia, learned advocate for the petitioner submits that the petitioners shall make separate applications, along with all their details, to respondent No.3 on, or before, 16.01.2012.
List the matter on 23.01.2012.
(Smt. Abhilasha Kumari, J.) ~gaurav~ Top