Gujarat High Court
Chauhan Mohabbatsinh Bhavwansinh vs State Of Gujarat & 4....Opponent(S) on 17 September, 2014
Author: Akil Kureshi
Bench: Akil Kureshi, J.B.Pardiwala
C/WPPIL/182/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 182 of 2013
================================================================
CHAUHAN MOHABBATSINH BHAVWANSINH....Applicant(s)
Versus
STATE OF GUJARAT & 4....Opponent(s)
================================================================
Appearance:
MR N P CHAUDHARY, ADVOCATE for the Applicant(s) No. 1
MR.DIPEN F CHAUDHARI, ADVOCATE for the Applicant(s) No. 1
MR UTKARSH SHARMA, AGP for the Opponent(s) No. 1
MR HS MUNSHAW, ADVOCATE for the Opponent(s) No. 3 - 4
MS. HINA S RAVAL, ADVOCATE for the Opponent(s) No. 5
NOTICE SERVED BY DS for the Opponent(s) No. 1 - 2
================================================================
CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 17/09/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) The petitioner in this public interest petition seeks removal of encroachments from gaucher land of village Vaghasana, Taluka Tharad, District Banaskantha. The respondent No.4, the Taluka Development Officer has filed an affidavit admitting that there were number of encroachments in the gaucher land. It is stated that 20 of the said encroachments have been removed voluntarily. Against the remaining 220 encroachments, the Gram Panchayat has issued notices on 30.8.2013 and 1.9.2013 for removal. It is further stated Page 1 of 2 C/WPPIL/182/2013 ORDER that in terms of section 105 of the Gujarat Panchayats Act, 1993, it is the duty of the Gram Panchayats to clear all public properties of illegal encroachments. The District authorities have also brought these aspects to the notice of the Gram Panchayat and putting the Sarpanch to notice that persistent default will result in initiating action under section 57(1) of the Gujarat Panchayats Act.
It is expected that the Gram Panchayat shall follow up the show cause notices and ensure removal of encroachments on gaucher land. With these directions, the petition is disposed of.
(AKIL KURESHI, J.) (J.B.PARDIWALA, J.) (vjn) Page 2 of 2