SCA/71120/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 711 of 2008 With SPECIAL CIVIL APPLICATION No. 967 of 2008 ====================================================
HITENDRABHAI
BHANJIBHAI RAJGOR & 40 – Petitioner(s)
Versus
STATE
OF GUJARAT THRO’ SECRETARY & 3 – Respondent(s)
====================================================
Appearance :
MR
HRIDAY BUCH for Petitioner(s) : 1,MR YASH N NANAVATY for
Petitioner(s) : 1 – 41.
MR UR BHATT, AGP for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 – 3.
MR ASHISH M
DAGLI for Respondent(s) :
4,
====================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 16/09/2008
ORAL
COMMON ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Learned
AGP Mr.Bhatt on instructions from Mr.Mukesh Modi, Under Secretary,
Revenue Department, states after perusing the files of the Department
that a decision in principle is taken for rehabilitation of the
petitioners. Apropos to the direction in paragraph 2 of order dated
7.2.2008, it is stated that respondent authorities are in the process
of examining the question – whether such rehabilitation can be
permitted in the vicinity of Bhavnath area, if it is falling part of
the forest? If not, respondent nos.1, 2 & 3 will have to identify
some other area where the rehabilitation decision can be implemented.
This procedure is likely to take some time.
In
this connection, we admit this petition. Hence, Rule.
The protection enjoyed by
the petitioners shall continue to operate till the final disposal of
the petition or till implementation of the rehabilitation decision,
whichever is earlier.
(A.L.DAVE,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)