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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
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Appearance :
Mr
Pathik M Acharya for the petitioner
Mr
P.K. Jani, Government Pleader for respondents Nos.5 to
8
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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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