Gujarat High Court
Ramjibhai Vajekaranbhai Gangadia vs State Of Gujarat on 28 March, 2019
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt
C/WPPIL/197/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 197 of 2015
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RAMJIBHAI VAJEKARANBHAI GANGADIA & 1 others
Versus
STATE OF GUJARAT & 24 others
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Appearance:
MR VIJAY H NANGESH(3981) for the Applicant Nos. 1, 2
ADVANCE COPY SERVED TO GP/PP(99) for the Opponent No. 1
MS. JIRGA JHAVERI, AGP for the Opponent No.1
MR. D. P. KINARIWALA(410) for the Opponent Nos. 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, 25, 7, 8, 9
NOTICE SERVED BY DS(5) for the Opponent Nos.1, 2, 3, 4, 5, 6
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE MR.JUSTICE V. B. MAYANI
Date : 28/03/2019
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)
1. Heard learned counsel for the parties. The present Public Interest Litigation is initiated with following prayers.
"A. YOUR LORDSHIP may be pleased to admit
this petition.
B. YOUR LORDSHIP be pleased to issue any
appropriate writ order, or direction, directing the respondent authorities to initiate proceedings for removal of encroachment from the Gaucher land situated in different Revenue Survey nos as per Page 1 of 5 C/WPPIL/197/2015 ORDER AnnexureH in the VillageRanpur, Dist:Ahmedabad.
C. YOUR LORDSHIPS be pleased to issue directions upon the respondent authorities to implement the notices issued upon the encroachers for the removal of encroachment on the Gaucher land, in time bound schedule.
D. YOUR LORDSHIP be pleased to issue directions upon the respondent authorities to decide representation made by the petitioner and other villagers within some reasonable time in the interest of justice.
E. YOUR LORDSHIP be pleased to grant such other and further relief(s) as deemed fit to grant in the interest of justice."
Thus, what is essentially being sought to be achieved is the redressal of grievances qua, encroachment if any on the Gauchar land.
2. The respondents likely to be affected appears to have impleaded themselves as party respondent nos.7 to 25 with the permission of the Court.
3. Learned counsel for the petitioner invited Court's attention to the earlier order dated 2nd December 2014 in earlier round of litigation being Writ Petition (PIL) No.318 of 2014 in which operative Page 2 of 5 C/WPPIL/197/2015 ORDER part reads as under : "3. Having considered the rival submissions it appears that cognizance is already taken by Gram Panchayat for removal of alleged encroachment made upon Gauchar land. It is primary duty of the Gram Panchayat to remove the encroachment. Whenever the Talati makes a reference to Taluka Development Officer, the Taluka Development Officer is authorized under the Provisions of Gujarat Panchayat Act to inquire into the matter and to take appropriate action in accordance with law after ascertaining whether any encroachment is made upon the land or not and the Gram Panchayat or Taluka Panchayat shall be at liberty to take any action in accordance with law for removal of the alleged encroachment."
4. Learned counsel for the petitioner submitted that unfortunately no tangible action and direction of compliance appears to have been taken by the concerned.
5. Learned counsel for the petitioner further submitted that the date of the order containing the direction itself is quite suggestive that after passage of four years, there is no result and the encroachers are still there on the Gaucher land and it is submitted that even if the encroachers are being issued notice in accordance with law, the Court may issue appropriate direction for expeditious disposal of these matters wherein encroachers are being issued notice and the said notices also been placed on record.
Page 3 of 5C/WPPIL/197/2015 ORDER
6. Learned counsel for likely to be affected parties and joined as respondent nos.7 to 25 invited Court's attention to the order dated 24th December 2014 passed in the writ petitions being Special Civil Application no.18811 of 2014 to Special Civil Application No.18837 of 2014 and submitted that the said order clearly indicates that due procedure of law required to be followed.
7. Ms.Jhaveri, learned AGP for the respondent no.1 State submitted that the notices have been issued as it is seen from the record and the Court may appreciate the order passed by the learned Single Judge in which the authorities are also required to follow the due procedure of law before effecting the eviction as sought to be achieved by the petitioner in the present petition.
8. We have perused the record and heard learned counsel for the parties. The fact remains to be noted that the Court need not go into the other questions qua the competence of the Public Interest litigant before this Court at this stage. Suffice it to say that even if the Gauchar land is encroached upon, the encroachers have to be affected only after following due procedure of law. The Court is therefore, of the view that the due procedure of law if involves the compliance of principle of audi alteram partem and the interest of justice, the same be followed. However, the concern of the counsel of the petitioner of passage of time already needs to be borne in mind as else it would betrays an attempt to shield the encroachers by the authorities. If that is the case, the same cannot be permitted to be perpetuated in any manner. Therefore, at this stage we are of the view that it would be most appropriate to issue direction to the concerned authority to do the needful for compliance of the order dated 2nd December 2014 of this Court passed in Writ Petition (PIL) No.318 of 2014 and also borne in mind the observation of this Page 4 of 5 C/WPPIL/197/2015 ORDER Court in the order dated 24th December 2014 passed in the writ petitions being Special Civil Application no.18811 of 2014 to Special Civil Application No.18837 of 2014 and do the needful as expeditiously as possible.
9. The present Writ Petition(PIL) is disposed of with a liberty to the petitioner to approach the Court in case if the inordinate delay is occurred in compliance with the order of this Court. Notice discharged.
(S.R.BRAHMBHATT, J.) (V. B. MAYANI, J.) AMAR RATHOD...
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