Gujarat High Court Case Information System
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WPPIL/10/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT
PETITION (PIL) No. 10 of 2010
With
SPECIAL
CIVIL APPLICATION No. 7029 of 2011
=========================================================
RAHIMBHAI
KALUBHAI - PETITIONER
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 25 - RESPONDENT
=========================================================
Appearance
:
MR
KIRTIDEV R DAVE for
PETITIONER : 1, MR RAHUL K
DAVE for PETITIONER : 1,
MR PRANAV DAVE, AGP for RESPONDENT : 1 -
6.
NOTICE SERVED BY DS for RESPONDENT : 1,4 - 26.
MRS KRISHNA G
RAWAL for RESPONDENT : 4,
VIRAL K SHAH for RESPONDENT : 5 - 6.
MR
GAURANG H BHATT for RESPONDENT : 7,
MR DP JOSHI for RESPONDENT :
8,10 - 14.
- for RESPONDENT : 0.0.0, 0.0.0, 0.0.0, 0.0.0, 0.0.0,
0.0.0, 0.0.0,0.0.0
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 20/07/2011
COMMON
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J.MUKHOPADHAYA)
An
affidavit enclosing copy of the action taken report has been filed by
the respondent – Collector, Ahmedabad pursuant to the earlier
order passed in this case. From the list, it appears that many of the
persons who encroached over the land have been removed.
Those
persons who have not been allotted any land and were encroachers,
they have been removed from the land in question. The others who have
been allotted land by the respondent but encroached beyond the
allotted area, such encroached portion has been removed.
It
is stated that in compliance with the directions of this Court dated
25th April 2011 for revival of pond, the Superintending
Engineer, Irrigation Circle, Ahmedabad has been instructed for
necessary action vide letter dated 23rd May 2011. For the
compliance of the direction of the Court for protection of the pond
from further encroachment and protecting the interest of the persons
who have been allotted land over the portion of the water body, the
Mamlatdar, Dhandhuka and the Chief Officer, Dhandhuka Nagarpalika
have been instructed.
In
the facts and circumstances of the case, while we direct the
respondent to revive the pond named Sarvarsha lake, we further direct
the Collector, Ahmedabad to find out as to who have been illegally
allotted land on the Sarvarsha lake and shown as the water body in
the revenue record. If any portion of Sarvarsha lake, shown as the
water body in the revenue record has been allotted in favour of one
or other persons, the competent authority of the State may issue
notice to such allottees as to why such allotment be not cancelled
having made on the water bodies and such allotment being against the
decision rendered by the Supreme Court.
It
will be also open to the competent authority to allot some other
land, which is not a water body, to such allottees who have been
allotted land on the water body, on their giving undertaking that
they are ready to shift to other place. On failure to do so, the
competent authority may remove such allottees from the water body.
A
copy of this order be handed over to the learned AGP, who, in turn,
forward the same to the Collector, Ahmedabad, the Principal
Secretary, the Mamlatdar, Dhandhuka and the Chief Officer, Dhandhuka
Nagarpalika.
Action
taken report be submitted by the next date.
Post
the matter on 29th August 2011.
(S.J.Mukhopadhaya,
CJ.)
(J.B.Pardiwala,
J.)
/moin
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