Gujarat High Court
Ranchodbhai Hirabhai Makwana vs State Of Gujarat Thro The Secretary & ... on 11 September, 2014
Author: J.B.Pardiwala
Bench: Akil Kureshi, J.B.Pardiwala
C/WPPIL/99/2011 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 99 of 2011
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RANCHODBHAI HIRABHAI MAKWANA....Applicant(s)
Versus
STATE OF GUJARAT THRO THE SECRETARY & 4....Opponent(s)
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Appearance:
MR. NISARG D SHAH, ADVOCATE for the Applicant(s) No. 1
UTKARSH SHARMA, AGP for the Opponent(s) No. 1
MR HS MUNSHAW, ADVOCATE for the Opponent(s) No. 3 - 5
NOTICE SERVED BY DS for the Opponent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 11/09/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1.By this writ application, in the nature of a public interest litigation, the petitioner, resident of village Medoj of Taluka Siddhpur, District. Patan, has complained of encroachment on Gauchar as well as Gamtal land.
2. It appears from the affidavit in reply filed on behalf of respondent No.5 i.e. Sarpanch of the Gram Panchayat and the Page 1 of 4 C/WPPIL/99/2011 ORDER affidavit filed on behalf of respondent No.4Taluka Development Officer that there are, in all, 251 encroachments identified on different parcels of Gauchar land as well as Gamtal land. According to the Taluka Development Officer, Siddhpur, notices were issued under Section 105 of the Gujarat Panchayat Act to the encroachers with instructions to remove the encroachment.
3.From the affidavitinreply filed on behalf of the Sarpanch, it appears that on 21.02.2012, the demolition drive was launched with the help of the police machinery as well as other employees of the Taluka Panchayat. It is stated that 50 individuals on their own removed the encroachment and when the time came for the removal of other encroachment, the petitioner raised an objection that first the encroachment on Gauchar land be removed and only thereafter, the other encroachments of Gamtal land be removed.
4.It appears that on such paltry objection of the petitioner, the authorities did not Page 2 of 4 C/WPPIL/99/2011 ORDER proceed further for a period of two years.
5.Since the encroachment is not in dispute, we expect the authorities to immediately act and remove the other encroachments irrespective of the fact whether they are on gauchar or gamtal land. All encroachments need to be removed at the earliest. If there is any dispute as regards identification of gauchar land or gamtal land, in such circumstances, the authority shall take the help of DILR for identification of the same and take necessary steps for removal of the encroachment within a period of four weeks from today without fail.
6.With the above observations and directions, we close this public interest petition and disposed it accordingly. No costs.
(AKIL KURESHI, J.)
(J.B.PARDIWALA, J.)
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C/WPPIL/99/2011 ORDER
Jyoti
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