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Showing contexts for: gaucher in Dharamshi Meghji Savla vs Bidada Gram Panchayat on 22 November, 2021Matching Fragments
11. Having regard to the said assertions in the reply affidavit, which is not disputed/denied, the Court passed order dated 11.3.2015 so as to ensure that the encroachments over the gaucher land are removed without any delay.
12. When the authorities started action in view of the order, these petitions are taken out and it is alleged that the respondents have started the actions of demolition without issuing notices and without ascertaining as to whether all constructions which are being demolished are over gaucher lands or over the lands which are not put up on gaucher lands. It is also claimed that in cases of several petitioners, the lands have been allotted by the Panchayat itself.
13. The Panchayat should not and cannot allot gaucher land to anyone. Even if gaucher land is, as alleged by the petitioners, allotted by the Panchayat, such allotment would be illegal and unauthorized. Encroachments over gaucher land ought to be removed.
14. From the affidavit made by the respondents in Special Civil Application No.11064 of 2014, the Court has noticed that according to the respondents, the notices were issued, however, the concerned persons did not take note of the said notices and continued their occupation over the gaucher land.
20. So far as the persons who, according to the respondent Panchayat, have encroached over the land other than gaucher land, in their cases, the actions may be taken in phased manner after verification of the claim regarding allotment of land by the Panchayat and after the action in respect of gaucher land is completed and after appropriate intimation to such persons (i.e. persons have encroached over land other than gaucher land) may be given with intimation about time before which the encroachment should be removed and the time after which the respondent authorities will initiate action for removing encroachment over the gaucher land.
22. After displaying the said notice, further action for removing the encroachment over gaucher land may be undertaken.
23. It is further clarified that it will be open to the concerned persons to approach the respondent authority, within one week with necessary material to demonstrate that they have not encroached over gaucher land and to demonstrate that the land in question is not gaucher land and it was allotted by the Panchayat. Further action to be taken after such verification. However, action in respect of gaucher land may proceed after following the process of declaring the names of the persons and survey numbers. The Panchayat will verify and ensure that the lands are, as per the record, gaucher land.