Posted On by &filed under Gujarat High Court, High Court.


Gujarat High Court
Appearance : vs Mr on 22 March, 2011
Author: Mr.S.J.Mukhopadhaya,&Nbsp;Mr.Justice J.B.Pardiwala,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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WPPIL/25/2011	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

WRIT
PETITION (PIL) No. 25 of 2011
 

 
=================================================


 

PADHAR
SAVAJIBHAI PANABHAI 

 

Versus
 

SARPANCH
- CHIBHADA GRAM PANCHAYAT & OTHERS
 

=================================================
 
Appearance : 
Mr
Pathik M Acharya for the petitioner
 

Mr
P.K. Jani, Government Pleader for respondents Nos.5 to
8 
========================================= 

 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE J.B.PARDIWALA
		
	

 

Date
: 22/03/2011 

 

ORAL
ORDER

(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)

This
petition in public interest has been preferred by the petitioner
alleging encroachment over gauchar land and water body of Chibhada
village, Taluka Deodar, District Banaskantha. The prayer has been
made, but no specific details with regard to encroachment have been
shown except the details of lands which are stated to be earmarked
for gauchar land or pond (water body). In the facts and
circumstances and on hearing learned counsel for the petitioner and
Mr P.K. Jani, learned Government Pleader for respondents Nos.5, 6, 7
and 8, we are of the view that the petitioner should bring this fact
to the notice of the Taluka Development Officer, Deodar, District
Banaskantha, District Development Officer, Banaskantha District,
Mamlatdar, Deodar, District Banaskantha and the District Collector,
Banaskantha at Palanpur. The competent authority will inquire into
the matter and on such inquiry if any illegal encroachment is found
over gauchar land or water body, they would take action in accordance
with law after notice to the illegal encroacher. A decision in
either way will be taken and communicated to the writ petitioner
within three months from the date of production of copy of this
order. In case no intimation is given or no action is taken by the
respondents, it will be open to the petitioner to bring the same to
the notice of this Court by filing a fresh petition. With the
aforesaid observations, petition stands disposed of.

(S.J. Mukhopadhaya, CJ.)

(J.B.Pardiwala, J.)

*mohd

   

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