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SCA/7166/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7166 of 2010
With
CIVIL
APPLICATION No. 14318 of 2010
In
SPECIAL CIVIL APPLICATION No. 7166 of 2010
=========================================================
FULBAI
VIHJI CHAUHAN SARPANCH OF PILUDA GRAM - Petitioner(s)
Versus
STATE
OF GUJARAT & 7 - Respondent(s)
=========================================================
Appearance
:
MR
SIDDHARTH H DAVE for
Petitioner(s) : 1,
MRS KRINA CALLA, AGP for Respondent(s) : 1,
MR
HS MUNSHAW for Respondent(s) : 2,
MR HEMANG M SHAH for
Respondent(s) : 3,
MR MAHESH P PATEL for Respondent(s) : 4,
MR
NP CHAUDHARY for Respondent(s) : 4,
MR ASHISH M DAGLI for
Respondent(s) : 5 -
8.
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 09/08/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J.MUKHOPADHAYA)
On
hearing the parties, it appears that all the encroachers were removed
after notice to them.
It
is alleged that 79 more fresh encroachments have been made and
notices have been issued to them on 2nd August 2011 to
reply by 10th August 2011, whereinafter action will be
taken against them.
Learned
counsel appearing on behalf of the petitioner would contend that the
Members of the Panchayat who encroached over the Gauchar land of
village Piluda have not yet been removed, they are still occupying
the land.
In
the circumstances, as we find that the encroachment is again made
after removal of first set of encroachment, we direct the Collector,
Banaskantha, Taluka Development Officer, Tharad, Mamlatdar, Tharad
and the Members of the Panchayat to remove all the encroachment by
14th August 2011 and report the matter to the Court.
It
is made clear that it will be the duty of the Piluda Gram Panchayat
to ensure that no Gauchar land is encroached by any person including
the Sarpanch or the Members of the Gram Panchayat. If any such
encroachment is made, it should be reported to the Collector,
Banaskantha, Taluka Development Officer, Tharad and the Mamlatdar,
Tharad, within three days and the said encroachment should be removed
without notice to them. This exercise will continue as and when such
encroachment is found and reported.
We
make it clear that once the encroachment is removed, thereafter if
any person re-encroaches the land, he is not entitled for any notice
for removal of the encroachment.
Similar
procedure to be followed with regard to encroachers who are there
over the Non-Gauchar land of the Panchayat or the State.
Report
compliance by 17th August 2011.
Post
the matter for orders on 23rd August 2011 on the top of
the list.
In
view of the order passed by this Court, no further order is required
to be passed on Civil Application. Civil Application No.14318/2010
stands disposed of.
(S.J.Mukhopadhaya,
CJ.)
(J.B.Pardiwala,
J.)
/moin
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