Gujarat High Court
Peladji Sardarji Thakor & vs Rajput Dalpuji Hariji & on 8 April, 2013
Author: Chief Justice
Bench: Bhaskar Bhattacharya
PELADJI SARDARJI THAKORV/SRAJPUT DALPUJI HARIJI C/MCA/688/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION (FOR RESTORATION) NO. 688 of 2013 In WRIT PETITION (PIL) NO. 141 of 2011 ================================================================ PELADJI SARDARJI THAKOR & 73....Applicant(s) Versus RAJPUT DALPUJI HARIJI & 19....Opponent(s) ================================================================ Appearance: MR SANJAY D SUTHAR, ADVOCATE for the Applicant(s) No. 1 - 74 MR PRAKASH JANI, GOVERNMENT PLEADER with MS VACHA DESAI, AGP for the Opponent(s) No. 8 MR ADIL MEHTA, ADVOCATE for the Opponent(s) No. 1 - 7 MR HARDIK P MODH, ADVOCATE for the Opponent(s) No. 16 MR HS MUNSHAW, ADVOCATE for the Opponent(s) No. 13 , 15 ================================================================ CORAM: HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 08/04/2013 ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) By this application, the applicants have prayed for review of our order dated 8th November 2012 in Writ Petition (PIL) No.141 of 2011 and also prayed for stay of execution of the said order till 8th May 2013.
In the above Public Interest Litigation, the allotment of Gauchar land in favour of one Spice Board was challenged.
It appears that the total area of the gauchar land of Tarabh Gram Panchayat was found to be 85.02 hectares and it is spread over nine revenue survey numbers. Out of the aforesaid land, land admeasuring 67.35.55 hectares was allotted to the Spice Board. It came to light that the balance area admeasuring approximately 17.45 hectares was used as a gauchar land, but there were in all 132 encroachments on the revenue survey allotted to the Spice Board and around 70 odd encroachers on the rest of the gauchar land.
In such circumstances, we disposed of the application by directing the respondent no.8 to ensure that each and every encroachment on any part of the gauchar land of Tarabh village should be removed and possession of such land should be taken over by the Gram Panchayat in accordance with law. We directed the Collector, Mehsana, to ensure that Tarabh Gram Panchayat of Taluka Visnagar takes appropriate steps to remove each and every encroachment from the gauchar land or the gamtal of the village Tarabh, if such action has not been taken till that date.
Subsequently, by further order, we extended the time when some of the encroachers came forward for extension of the time limit upto 31st January 2013 for compliance of our order.
It appears that before the expiry of such time limit, further encroachers came before us with applications for further extension of six months time. As none of those applicants alleged any right over the property in question, we rejected such applications.
We further recorded that after complying with the formalities required under Section 105 of the Gujarat Panchayat Act for taking over possession, the notice in terms of Section 5 of the Act had already been served upon those applicants.
Against our order dated 29th January 2013, those unsuccessful applicants-encroachers moved the Supreme Court of India by filing a Special Leave to Appeal (Civil) No.7836 of 2013 and by order dated 8th February 2013, the Supreme Court dismissed the Special Leave to Appeal. However, the Supreme Court granted three months time to those petitioners to vacate the subject premises, subject to their furnishing individual undertaking before the Supreme Court on usual terms within two weeks from that date. The Supreme Court specifically mentioned that in case no individual undertaking was filed by any of the petitioners within two weeks from that date, time granted to such petitioners should be recalled and they should be liable to be evicted summarily.
By this application, the applicants have prayed for similar order in terms of the order dated 8th February 2013.
We are told that none of these petitioners had earlier approached the Supreme Court against our order.
After hearing the learned counsel for the parties and after taking into consideration the fact that the Supreme Court, by order dated 8th February 2013, having granted other encroachers similarly placed, time to vacate the property till 7th May 2013, we dispose of this application by granting same relief to the present applicants on same condition that each and every applicants should give undertaking before this Court within a fortnight from today to vacate the property in favour of the State respondent on or before 7th May 2013. In default of such an undertaking by any of the applicants, such relief of extension would not be available to them.
With the aforesaid observation, this application filed by 74 persons is disposed of.
However, we do not find any reason to review our order dated 8th November 2012. The prayer of the petitioners for review of our order dated 8th November 2012 is rejected by giving only the above mentioned benefit.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) MOIN Page 5 of 5