Gujarat High Court
Shamjibhai vs Gorabhai on 23 March, 2010
Author: M.R. Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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MCA/617/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR REVIEW No. 617 of 2010
In
SPECIAL
CIVIL APPLICATION No. 1697 of 2010
=========================================
SHAMJIBHAI
JERAMBHAI SOLANKI & 90 - Applicant(s)
Versus
GORABHAI
BOGHABHAI ZAPADA & 4 - Opponent(s)
=========================================
Appearance :
MR
SUNIL C PATEL for
Applicant(s) : 1 - 91.
MR VH WAGHELA for Opponent(s) : 1.
MR
NIRAJ SONI, AGP for Opponent(s) : 2, 3, 4, 6
MR HS MUNSHAW for
Opponent(s) : 5,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/03/2010
ORAL
ORDER
1. Leave to join Superintendent of Land Records, office of DILR, Ahmedabad as party opponent no. 6.
2. RULE.
Shri V.H. Waghela, learned advocate waives service of notice of rule on behalf of opponent no. 1, Shri Niraj Soni, learned AGP waives service of notice of rule on behalf of opponents nos. 2, 3, 4 and 6 and Shri H.S. Munshaw, learned advocate waives service of notice of rule on behalf of opponent no. 5.
3. The present application has been preferred by the applicants to review/recall and/or modify/clarify the order passed by this court dated 25/02/2010 in Special Civil Application No. 1697/2010 by which on the statement made by Shri Munshaw, learned advocate appearing on behalf of opponent no. 5, under the instructions from the concerned Officer, the opponents were directed to remove the encroachment from the 'gauchar' land bearing Survey Nos. 90, 177/1 and 177/2 paiki situated at village Aniyani (Kathi), Taluka Ranpur, District Ahmedabad.
4. It is the case on behalf of the applicants that as such all the applicants are not on the 'gaucher' land but they are on the 'gamtal' land and all the respective applicants have been allotted the land by the State Government, and, therefore, it is requested to modify and/or clarify the aforesaid order to the extent that pursuant to the aforesaid order the applicants may not be dispossessed and/or removed.
5. Shri Munshaw, learned advocate appearing on behalf of opponent no. 5-District Development Officer has submitted that as such detailed inquiry is to be conducted whether the respective applicants are on the 'gauchar' land or on the 'gamtal' land (as sought to be contended on behalf of the applicants) and whether the respective applicants have been allotted the respective plots in question (as sought to be contended on behalf of the applicants). It is submitted that even the DILR is required to take the measurement of the land in question occupied by the respective applicants. It is submitted that if it is found that the respective applicants are in the 'gauchar' land and they are not alloted the plots in question, they are required to be removed and if it is found that the respective applicants are in the 'gamtal' land and are allotted the plots by the State Government, in that case, they are not required to be removed. The aforesaid is not disputed by Shri Patel, learned advocate appearing on behalf of the applicants and Shri Waghela, learned advocate appearing on behalf of opponent no. 1.
6. In view of the above, the present application is disposed of by clarifying the order passed by this Court dated 25/02/2010 in Special Civil Application No. 1697/2010 that before removing the applicants, necessary inquiry shall be conducted by opponent no. 5, after giving an opportunity to the applicants to submit necessary records/documents that they have been allotted the plots by the State Government. The aforesaid inquiry shall be conducted after the measurement is done by the office of the DILR, Ahmedabad and the DILR, Ahmedabad is directed to survey and take the measurement of the land occupied by the applicants and prepare the map on payment of requisite fees within a period of four weeks from today. The fees for the purpose of Survey and measurement of the land in question by the office of the DILR shall be borne by the applicants and office of respondent no. 5 equally. Opponent no. 5 shall communicate to the office of the DILR for Survey and measurement of the land in question within a period of one week from today and/or on receipt of the same the office of the DILR shall communicate to opponent no. 5 the fees to be paid and in turn opponent no. 5, the District Development Officer shall inform applicant no. 27 and necessary fees shall be paid by the applicants jointly immediately so that necessary measurement shall be taken by the office of the DILR within the stipulated time as stated hereinabove. Thereafter, on the basis of the report submitted by the DILR further steps shall be taken by opponent no. 5. If, after inquiry, it is found that the respective applicants are in the 'gauchar' land, in that case, as agreed by the learned advocate appearing on behalf of the applicants, they shall be removed and if it is found after inquiry that the applicants are in the 'gamtal' land and are alloted the land by the State Government, in that case, opponent no. 5 shall not take any steps to remove the applicants. The order passed by this Court dated 25/02/2010 in Special Civil Application No. 1697/2010 is clarified to the aforesaid extent.
7. With this, the present application is allowed. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(M.R. SHAH, J.) siji Top