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SCA/465320/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4653 of 2008
=========================================================
GOPAJI
MULAJI VANJARA & 6 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
AG JOSHI for
Petitioner(s) : 1 - 7.MR AM PAREKH for Petitioner(s) : 1 - 7.
None
for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 25/07/2008
ORAL
ORDER
Though
the petitioners have challenged an order dated 23.4.2007 passed by
the Deputy Collector, learned advocate for the petitioners submitted
that the petitioners would be confining the request in this petition
with respect to regularisation of the house of the petitioners.
Indisputably, the petitioners are occupying the Gauchar land and
they have put their small construction thereon for residence. It is
the case of the petitioners that they are so residing since nearly
40 years. The Secretary by his impugned order rejected the appeal
against the order passed by the authority below directing their
eviction.
Learned
advocate Shri Parekh for the petitioners submitted that the
petitioners would make a representation to the Appellate Committee
of the District Panchayat for allotment of other than Gauchar land.
He submitted that Gram Panchayat has also suggested the land other
than the Gauchar land which can be available for the petitioners for
resettlement.
In
view of the above statement, impugned order is not disturbed.
However, it will be open for the petitioners to approach the
Appellate Committee for seeking allotment of alternative land, if
available and can be suitably alloted under the rules and
regulations and Government policy. If such an application is made
within four weeks from today, same may be disposed of expeditiously
and until such time the application is disposed of, the petitioners
shall not be evicted.
The
petition is disposed of accordingly.
(Akil
Kureshi,J.)
(raghu)
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