Gujarat High Court
Patel Jashubhai Hirabhai & 12 vs State Of Gujarat & 7 on 28 June, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/2424/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2424 of 2016
With
CIVIL APPLICATION NO. 4388 of 2017
In
SPECIAL CIVIL APPLICATION NO. 2424 of 2016
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PATEL JASHUBHAI HIRABHAI & 12....Petitioner(s)
Versus
STATE OF GUJARAT & 7....Respondent(s)
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Appearance:
MR MRUGEN K PUROHIT, ADVOCATE for the Petitioner(s) No. 1 - 13
MS NISHA THAKORE, AGP ADVANCE COPY SERVED TO GP/PP for the
Respondent(s) No. 1
MR JIGAR G GADHAVI, ADVOCATE for the Respondent(s) No. 5
MR MEHUL SHAH, SR. ADVOCATE WITH MR TANMAY B KARIA,
ADVOCATE for the Respondent(s) No. 6
NOTICE SERVED BY DS for the Respondent(s) No. 1 - 4 , 7 - 8
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 28/06/2017
COMMON ORAL ORDER
1. By this writapplication under Article 226 of the Constitution of India, the writapplicants have prayed for the following reliefs: 15(A) to issue a writ of mandamus and/or any other appropriate writ, order or direction and may be pleased to direct the respondent - Authority to make appropriate demarcation and measurement of the plot/land allotted to the present petitioners from the land bearing survey no.67P after following the fair procedure and may be pleased to direct the respondent authority to hand over vacant and peaceful possession of the land allotted to them.
(B) to quash and set aside the demarcation made in favour of private Page 1 of 4 HC-NIC Page 1 of 4 Created On Sun Aug 20 08:05:03 IST 2017 C/SCA/2424/2016 ORDER respondent from allotting the land of Survey no.67P and the respondents may be permanently restrained from using the land bearing Survey no.67P and the respondents may be permanently restrained from using the land bearing Survey no.67P unless and until there is proper demarcation of plot made by the respondent - Authority and actual and physical possession is hand over to each allottee.
(C) pending admission, hearing and final disposal of this petition, to direct the respondent - Authority to see that no one should encroach upon the land bearing Revenue Survey No.67P and no person should be allowed to put any kind of construction or use of the land bearing Revenue Survey No.67P; and respondents may be restrain from putting up any development on the plot and may be directed to maintain status quo of the land revenue Survey No.67P. (D) any other and further relief or reliefs to which this Hon'ble Court deemed fit in the interest of justice, may kindly be granted.
2. It appears from the materials on record that the writapplicants herein lost their agricultural land on account of construction of the Dharoi Dam. It is also the case of the writapplicants that they lost their house and other properties due to the constructions of the Dharoi Dam. The Irrigation Department of the State Government passed a Resolution dated 11/06/1979, by which, it introduced a scheme of rehabilitation of the persons affected on account of the acquisition for the purpose of construction of the Dam. The writapplicants herein preferred their respective applications for allotment of land and in response to the same, the Deputy Collector, Land Acquisition and Rehabilitation, Dharoi Vatrak, Himmatnagar passed an order for allotment of the land bearing Survey No.67/P. The details of each of the writapplicants has been provided in the writapplication as contained in para3.6.
3. The grievance of the writapplicants is that although the allotment order came to be passed yet till this date, the authorities have not demarcated the land for the purpose of putting each of the writ Page 2 of 4 HC-NIC Page 2 of 4 Created On Sun Aug 20 08:05:03 IST 2017 C/SCA/2424/2016 ORDER applicant in possession after carrying out the necessary measurement. The respondent no.6 has been joined in this petition. As according to the writapplicants, he has been put in possession and he has been allotted the land on two sides of the road. The grievance voiced is that they are all similarly situated persons like the respondent no.6 and for the some instance, they should be given a fair and the same treatment. How to carry out the measurement and demarcate the land for the authorities concerned to look into. If the land has been allotted to the writ applicants, they being displaced persons, then the authorities concerned to see that the each of the writapplicant has to be in possession of the particular portion of the land after demarcating the same.
Let this exercise be undertaken by the respondent no.2 along with the respondents nos.3 and 4 at the earliest and see to it that the writ applicants are to be in actual possession within a period of two months from the date of the receipt of this order. The whole object of allotment is frustrated. The allotment is of the year 1997 and till this date, the writapplicants have not been able to reach the benefits of such allotment. This should be kept in mind by the authorities and act accordingly.
4. At this stage, Ms. Thakore, the learned AGP as well as Mr. Mehul Shah, the learned senior counsel appearing for the respondent no.6 pointed out that probably, the writapplicants have not been allotted their portion of land because they have failed to comply with the terms and conditions of the allotment. If that be so, it is expected of the writ applicants to comply with the terms and conditions of the allotment. If they are not complied with the terms and conditions, the proceedings are dropped. Mr. Mrugen Purohit clarifies that his clients have complied with the terms and conditions. Let the authorities look into this matter.
Page 3 of 4HC-NIC Page 3 of 4 Created On Sun Aug 20 08:05:03 IST 2017 C/SCA/2424/2016 ORDER
5. With the above, this writapplication is disposed of.
ORDER PASSED IN CIVIL APPLICATION: In view of the order passed in the main matter, the connected civil application is also disposed of.
(J.B.PARDIWALA, J.) aruna Page 4 of 4 HC-NIC Page 4 of 4 Created On Sun Aug 20 08:05:03 IST 2017