Gujarat High Court
Shambhubhai Sakhayabhai Ahir vs State Of Gujarat on 21 January, 2019
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/WPPIL/212/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 212 of 2018
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SHAMBHUBHAI SAKHAYABHAI AHIR
Versus
STATE OF GUJARAT
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Appearance:
MR JINESH H KAPADIA(5601) for the PETITIONER(s) No. 1,2,3
MR SAVAN N PANDYA(5600) for the PETITIONER(s) No. 1,2,3
for the RESPONDENT(s) No. 2,3,4
MR CHINTAN DAVE, ASSISTANT GOVERNMENT PLEADER/PP(99) for the
RESPONDENT(s) No. 1
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 21/01/2019
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE)
1. The challenge in this Public Interest Litigation by the writ petitioners is to permission granted by the respondent authorities in favour of respondent No.4 vide order dated 22.2.2018 qua the land bearing Survey No.290/1 of Village Rampar for the purpose of windfarm project so as to reap non-renewal source of energy.
2. The basic grievance of the writ petitioners is that so far as land situated at Survey No.290/1 is concerned, the measurement so carried out on parcel of the gaucher land has overlapped with the land allotted in favour of respondent No.4. Considering the policy of the Government and according to the petitioners, almost 3057 livestock require more gaucher land for grazing. Even representation Page 1 of 2 C/WPPIL/212/2018 ORDER is also made to the District Collector, Kachchh and, therefore, the present petition.
3. Having regard to the facts and circumstances and representation made by the petitioners and requirement of gaucher land for the sizable livestock of the Village and other surrounding areas, we are of the view that the District Collector, Kachchh at Bhuj shall decide the representation and to see that as far as possible, gaucher land be made available, keeping in mind the policy of the Government in this regard and in case of difficulty, shall provide alternative land so that livestock may not have any shortage of dry/green grass/fodder for survival.
4. With the aforesaid, this petition is disposed of.
(ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) A.M. PIRZADA Page 2 of 2