Gujarat High Court
Thakor Shivaji Kadvaji And vs Rajput Dalpuji Haraji on 10 January, 2013
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
THAKOR SHIVAJI KADVAJIV/SRAJPUT DALPUJI HARAJI
C/MCA/64/2013
ORDER
z`
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL APPLICATION
NO. 64 of 2013
In
WRIT PETITION (PIL) NO.
141 of 2011
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THAKOR SHIVAJI KADVAJI AND
OTHERS
Versus
RAJPUT DALPUJI HARAJI
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Appearance:
MR
DIPAN A. DESAI for the Applicants
MR PK JANI, GP with MR RASHESH RINDANI for
Opponent Nos.8 to 12, 14 & 17
MR
ADIL MEHTA for Opponent Nos. 1 to 7
MR HS MUNSHAW for Opponent
Nos.13 & 15
MR HARDIK MODH for Opponent Nos.16
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CORAM:
HONOURABLE THE
CHIEF JUSTICE MR.BHASKAR BHATTACHARYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date : 10/01/2013
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) By this application, the applicants have prayed for recalling the direction given in para No.11 of our order dated 8th November, 2012 passed in Writ Petition (PIL) No.141 of 2011, by which, we directed the respondent No.8 to ensure that each and every encroachment, on any part of the Gauchar land of village Tarabh, should be removed and possession of such land should be taken over by the Gram Panchayat, in accordance with law. We also directed the Collector, Mehsana to ensure that the 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 date. We further directed the respondent No.8 to place on record the report as regards removal of encroachment before this Court after a period of one month from that date.
By this application, the applicants have admitted that they are unauthorized occupants on the land without having legal authority to stay and such being the position, their status is no better than that of encroachers. However, according to them, the Panchayat Authority, before removal, has not complied with the provisions contained in section 105 of the Gujarat Panchayats Act, 1993 read with Rule 55 thereon, which provides for issuance of notice of seven days after the expiry of the date mentioned in the notice.
Mr. Munshaw, the learned advocate appearing on behalf of the opponent Nos.13 and 15 has submitted before us that such notice has been issued on 1st January, 2013, by which the applicants were asked to vacate the premises by 7th January, 2013, which is one day short of the required time, and thereafter, further seven days time is required to be given. Therefore, if the provisions of section 105 of the Gujarat Panchayats Act, 1993 read with Rule 55 mentioned above are required to be complied with, before 15th January, 2013, the order of eviction should not be given effect to. In such view of the matter, we direct the respondent No.8 not to evict or demolish the houses of the present applicants before 15th January, 2013. This order is applicable only to the applicants before us and not to others. The application is thus, disposed of. Direct service is permitted.
(BHASKAR BHATTACHARYA,CJ) (J.B.PARDIWALA, J.) shekhar Page 3 of 3