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MCA/2847/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 2847 of 2010
In
SPECIAL
CIVIL APPLICATION No. 8644 of 2009
=========================================================
NANJIBHAI
PACHANBHAI PATEL & 1 - Applicant(s)
Versus
K
S PATEL - SECRETARY & 6 - Opponent(s)
=========================================================
Appearance
:
MRHARSHADKPATEL
for
Applicant(s) : 1 - 2.MR.R J PATEL for Applicant(s) : 1 - 2.
NOTICE
SERVED for Opponent(s) : 1 - 7.
MR HS MUNSHAW for Opponent(s) :
2,4 - 5.
- for Opponent(s) :
7,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 02/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
basis of the present petition is the alleged breach or
non-compliance of the order dated 14.12.2009 passed by this Court in
Special Civil Application No.8644 of 2009 whereby the direction was
given to the concerned respondent, namely, Gram Panchayat, to take
appropriate decision and further action thereafter.
It
appears that, thereafter, the matter was considered by the Gram
Panchayat, and out of two encroachments, one over the land bearing
Survey
No.154 and the another over the land bearing Survey No.157, it was
resolved by the Gram Panchayat to recommend the District Collector
for marking the land bearing Survey No.154 for grave yard, but the
same was on the condition that the land bearing Survey No.157, which
was under encroachment, is vacated.
It
appears that, thereafter, as the land bearing Survey No.157, as per
the petitioner was not vacated, the present proceedings were
initiated.
Pursuant
to the notice issued by this Court, the affidavit has been filed by
Sarpanch of the Gram Panchayat as well as on behalf of respondent
No.7, who together with the other persons were alleged to have made
the encroachment over the land bearing Survey No.157, and it has
been stated that the superstructure, which was there over 30 mtrs.
of the land bearing Survey No.157, has been demolished. The
photographs are also produced.
Mr.Patel,
learned counsel appearing for the applicant contended that the total
area of encroachment is admeasuring about 300 sq.mtrs.
bearing Survey No.157,and not the portion of the superstructure
admeasuring 30 s q.mtrs. As such, the photographs show that the
superstructure, which was alleged to be over the 30 sq.mtrs. has
been demolished. Further, Mr.Kinariwala, learned counsel appearing
for respondent No.7, on behalf of the party, who was stated to have
made encroachment over the land bearing Survey No.157, states that,
the whole area is vacated and no right whatsoever is to be claimed,
including that of the unauthorised encroachment over the land
bearing Survey No.157. On behalf of the Gram Panchayat, it has been
stated that the whole encroachment has been removed and the land
bearing Survey No.157 is no more under the occupation of respondent
No.7 and other persons, who were stated to have made encroachment.
Under
the circumstances, it can be said that the order has been complied
with. However, if the petitioner has any grievance against the
marking of the land as grave yard, bearing Survey No.154, which was
earlier encroached by persons belonging to Muslim community, it
would be open for the petitioner to resort to appropriate remedy
before the appropriate Forum.
Under
the circumstances, cause of the petitioner for alleged breach, would
no more survive, hence, disposed of accordingly.
Notice
discharged.
(JAYANT
PATEL, J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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