Gujarat High Court Case Information System
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SCA/721/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 721 of
2010
=================================================
PANDYA
JIGNESHKUMAR SRIKRISHNABHAI - Petitioner(s)
Versus
STATE
OF GUJARAT, THROUGH SECRETARY, PANCHAYAT (VILLAGE & 3 -
Respondent(s)
=================================================
Appearance
:
MR
EE SAIYED for Petitioner(s) : 1,MR SIKANDER SAIYED for Petitioner(s)
: 1,
MR PK JANI AGP for Respondent(s) : 1 - 2.
NOTICE SERVED
for Respondent(s) : 3 - 4.
NOTICE SERVED BY DS for Respondent(s) :
3 - 4.
MR MANISH J PATEL for Respondent(s) : 3,
MR RJ GOSWAMI
for Respondent(s) : 4,
MRJVVAGHELA for Respondent(s) :
4,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 04/08/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
From
the reply-affidavit filed on behalf the Collector, it appears that
the illegal encroachment in City Survey No.906, which falls within
the jurisdiction and competency of City Survey Superintendent, has
been removed. However, from the affidavit-in-reply on behalf of the
Panchayat, it appears that the illegal encroachment has not been
removed on the ground that higher authority has not given permission.
In the facts and circumstances, we direct the 4th
respondent Sarpanch Meghraj Gram Panchayat to remove the
illegal encroachment. The District Collector, Sabarkantha and the
concerned Superintendent of Police are directed to give police
protection and to ensure removal of illegal encroachment within six
weeks. Report the matter by the next date. In view of this Court’s
order, no permission is required to be taken from higher authorities,
though they are required to give notice to the concerned person
before removal of illegal encroachment. Post the matter on
20.09.2010 for orders in the 1st Board.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
[sn
devu] pps
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