Gujarat High Court
Dharamshi Meghji Savla vs Bidada Gram Panchayat & 7 on 31 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.MANAN MEHTA, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 4
MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 1 - 3
MR VAIBHAV A VYAS, ADVOCATE for the Respondent(s) No. 5 - 8
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 31/03/2015
ORAL ORDER
1. Heard Mr.Shah, learned advocate for the petitioner in Special Civil Application No. 11064 of 2014, Mr.Mehta, learned Senior Counsel with Mr.Vyas, learned advocate for the petitioner in Special Civil Application No. 4825 of 2015 and Mr.Munshaw, learned advocate for the respondent Page 1 of 8 C/SCA/11064/2014 ORDER nos. 1 to 3.
2. Mr.Singh, learned advocate for the petitioner in Special Civil Application No. 4871 of 2015 is not present.
3. In furtherance of order dated 30.03.2015, Mr.Modi, Secretary, Gram Panchayat, Mr.Desai, in charge of T.D.O., Mr.Patel, District Development Officer and in charge Collector have filed affidavit tendering unconditional apology. On this count, further order will be passed on the next date.
4. Mr.Shah, learned advocate for the petitioner in Special Civil Application No. 11064 of 2014 has filed further affidavit in rejoinder along with certain documents, which, according to Mr.Shah, learned advocate for the petitioner in Special Civil Application No. 11064 of 2014 are required to be taken into consideration by the respondent Panchayat.
Page 2 of 8 C/SCA/11064/2014 ORDER
5. Earlier, this Court issued directions in view of the request made by the learned advocate for the petitioner in Special Civil Application No. 11064 of 2014, directing the respondent Panchayat and other authorities to remove encroachments over Gaucher land and Gamtal Land.
6. In pursuance of the said directions, the respondents started taking action, however, due to certain objections on the ground of errors in identification of gaucher land and gramtal land as against private land or other lands in administrative issues mainly related to identification of the survey numbers and actual encroachment, the respondents suspended the activity of removing the encroachment.
7. Certain details with regard to said aspects are recorded in the order dated 19.03.2014, 27.03.2015 and 30.03.2015.
8. Mr.Munshaw, learned advocate for the Page 3 of 8 C/SCA/11064/2014 ORDER respondent Panchayat submitted that now the respondent Panchayat has received the report from the DILR and on that basis the work related to preparation of the list of the survey numbers which are Gauchar land and Gamtal Land and the encroachment over such land are being prepared and the process will be completed within few days, and thereafter, the respondent Panchayat will start further process i.e hearing, objections, if any, by the concerned persons.
9. For the said purpose, the request for extension of time limit fixed by the Court by earlier order is made by the respondent Panchayat.
10. Having regard to the submissions made by learned advocate for the respondent Panchayat and other respondents and also by learned advocate for the petitioners, following schedule is fixed.
11. The respondent Panchayat will complete the Page 4 of 8 C/SCA/11064/2014 ORDER list of the survey numbers which are gaucher land and have been encroached upon. Similarly list shall be prepared for Gamtal land and the names of the persons who have encroached over the Gaucher land and Gamtal Land. The list shall contain the details regarding survey numbers and name of the persons who, according to the respondent Panchayat, are identified as persons who have encroached over Gaucher land and Gamtal Land.
12. Such preparation of the lists should be completed by 4th April, 2015 and the lists should be published / displayed on 05.04.201, at appropriate and conspicuous places including the Notice Board at Panchayat Office near the location of gaucher land and gamtal land, common markets place and such other places, which Panchayat consider appropriate.
13. The information about the display of the list Page 5 of 8 C/SCA/11064/2014 ORDER at such places will be announced by the respondent Panchayat by public announcement i.e. rickshaw with loud speaker and appropriate banners and any other method considered proper.
14. The respondent Panchayat will inform the concerned persons that if they want to submit objections against the identification of survey numbers of gaucher land and Gamtal land the encroachment, then such objection may be submitted on or before 06.04.2015 and hearing will be granted to the concerned persons, who have encroached over the Gauchar land during 7th and 8th April,2015.
15. The decision regarding objections will be declared by the Panchayat on 8th April,2015.
16. Three days time to the concerned person to remove their belongings i.e. up to 12th April,2015 shall be granted.
17. Thereafter, the respondent Panchayat will Page 6 of 8 C/SCA/11064/2014 ORDER start work of remove encroachment over the Gaucher land and endevour to complete as expeditiously as possible and preferably within three days.
18. The respondent Panchayat and other authorities may make appropriate request to the police authorities to provide protection, which will be considered and appropriate action may be taken.
19. After work of removing encroachment over Gaucher land is completed within prescribed time limit, Similar procedure with similar time frame to be followed by the respondent Panchayat in respect of encroachment over the Gamtal land.
20. For informing the work done with regard to removal over Gaucher land, further hearing is scheduled on 20.04.2015.
21. In the meanwhile, it would be open to the Page 7 of 8 C/SCA/11064/2014 ORDER petitioner in Special Civil Application No. 11064 of 2014 to submit his objections/representations with regard to the action which is taken by the respondent Panchayat in respect of petitioner's property at Dharmshi Complex with the documents on which the petitioner wants to rely. The respondent panchayat will take into consideration such representation and may also submit copy to respondent Collector. If required further direction will be passed with regard to petitioner's application / representation on the next date of hearing.
22. The Collector may grant opportunity of hearing to the petitioner at such date and time convenient to him after 15th April,2015.
S.O. to 20.04.2015.
(K.M.THAKER, J.) Girish Page 8 of 8