Gujarat High Court
Sardulbhai Sangabhai Mandhwa & 6 vs State Of Gujarat & 34....Opponent(S) on 25 September, 2014
Author: J.B.Pardiwala
Bench: Akil Kureshi, J.B.Pardiwala
C/WPPIL/112/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 112 of 2012
================================================================
SARDULBHAI SANGABHAI MANDHWA & 6....Applicant(s)
Versus
STATE OF GUJARAT & 34....Opponent(s)
================================================================
Appearance:
MR ADIL MEHTA, ADVOCATE for the Applicant(s) No. 1 - 7
MR VANDAN K BAXI, AGP for the Opponent(s) No. 1
MR HS MUNSHAW, ADVOCATE for the Opponent(s) No. 5 , 9 , 11 , 13 , 15 -
16
NOTICE NOT RECD BACK for the Opponent(s) No. 18
NOTICE SERVED for the Opponent(s) No. 1 - 4 , 6 - 8 , 10 ,12,14,17,19 - 35
================================================================
CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 25/09/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1. By this writ application in the nature of a public interest litigation, the petitioners, residents of village Vahiya, Taluka Barwala, District Ahmedabad are aggrieved by the action of the authorities in converting the gauchar land to the extent of 2 hectares to gamtal land and, thereafter, utilising the same for the purpose of rehabilitating the families living below the poverty line. The main concern expressed by the petitioners appears to be that in no circumstances, the authorities could have converted the gauchar land into the gamtal land for the benefit of the Page 1 of 4 C/WPPIL/112/2012 ORDER villagers living below the poverty line. In such circumstances, the petitioners have prayed for a mandamus upon the respondents to resume the land bearing survey no.27 admeasuring 42 Hectares 11 Are and 80 sq mtrs and hand it over to Vahiya Gram Panchayat for being used as a gauchar land.
2. In response to the notice issued by this Court, an affidavit in reply has been filed on behalf of the Taluka Development Officer duly sworn by Barwala Taluka Development Officer. It appears from the affidavit in reply that there are many parcels of land, in all, admeasuring 42 hectares 11 are and 80 sq. mtrs. assigned for the purpose of gauchar. The Gram Panchayat passed a resolution in its meeting dated 30.5.2007 for conversion of part of the land admeasuring 2 hectares 2 are 34 sq. mtrs into gamtal for the benefit of the villagers living below the poverty line. It also appears that such resolution passed by Vahiya Gram Panchayat was forwarded to the District Collector, Dholka, District Ahmedabad, through the Mamlatdar of Barwala. It is further stated in the affidavit in reply that the applications were invited from persons living below the poverty line and after due scrutiny of such applications, the committee passed a resolution dated 13.1.2010, resolving to allot in all 24 plots of land to the beneficiaries. Pursuant to the same, Sanad in favour of the beneficiaries were prepared on 17.1.2010 and handed over to such beneficiaries on 19.1.2010. It also appears that the possession of the respective plots of land was also handed over to the beneficiaries immediately thereafter. It also appears from the affidavit in reply that the land admeasuring 2 hectares Page 2 of 4 C/WPPIL/112/2012 ORDER was measured by the office of the District Inspector of Land Record, Ahmedabad, and the same was divided into 60 plots for the purpose of allotment to the villagers living below the poverty line. Mr. Chauhan, the learned advocate appearing on behalf of the Taluka Development Officer clarifies that for the present, out of 60 plots, 24 plots have been actually allotted in favour of 24 families. In future as and when time comes for allotment to such other identically situated persons, the authorities may take appropriate decision in that regard.
3. It appears from the census of 20072008 carried out by the authorities that the total number of cattle including goat and sheep is 2575 in the village.
4. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that calls for our consideration in this public interest litigation is, whether the authorities committed any illegality in converting the gauchar land to gamtal land and, thereafter, handing over the same for the purpose of rehabilitation of the people living below the poverty line. In our opinion, at times the authorities may have to take a decision to even use a portion of the gauchar land, if the same is required for any public purpose. It is true that ordinarily the gauchar land should not be touched. It is also true that the gauchar land should not be alloted to individuals for their own use and benefit. However, in the present case, it appears from the document at page222 of the petition, which is an order dated 14.11.2008 passed by the Deputy Collector, Dholka, that pursuant to the Page 3 of 4 C/WPPIL/112/2012 ORDER proposal forwarded by the Panchayat to the office of the Collector seeking permission for conversion of 2 Hectare 2 Are 34 sq. mtrs of gauchar land into gamtal land, permission was granted to convert 1 hectare of the land to gamtal land. It also appears that each plot allotted admeasures 10.0 x 13.5 sq. mtrs. Thereafter, the District Inspector of Land Record carried out the necessary measurements in that regard, and has carved out 60 plots for allotment to the villagers who are living below the poverty line. It appears that way back in the year 2010, 24 plots were handed over to the 24 families residing in the village. Such families are now staying at the said place. Since the land has been used for the purpose which could be termed as a public purpose, we should not interfere solely on the ground that the gauchar land has been utilised. We deem fit to clarify that in future the balance plots i.e. the area excluding the area comprising of 24 plots already alloted, will be utilised only for the purpose of allotment of such plots to the villagers living below the poverty line.
5. With the above observations, we close this public interest litigation and dispose of accordingly. No costs.
(AKIL KURESHI, J.) (J.B.PARDIWALA, J.) raghu Page 4 of 4