ISMAILBHAI I. KANSARA (D) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by an encroacher on an evacuee land measuring 0-14 acre-guntha of Survey No.191/2 at Godhara, Gujarat since 1976 where he is running an auto garage named Bharat Motor Garage since 1977. The Learned Single Bench dismissed the writ petition of the appellant herein on 24.10.2013 challenging the eviction order dated 23.6.1992. The order has been upheld by the learned Division Bench. Still aggrieved, the appellant is before this Court.

(2.) The appellant was served with a notice on 23.6.1992 under Section 19(2)(b) of the Displaced Person (Compensation and Rehabilitation) Act, 1954 1. The appellant filed a writ petition in the High Court of Gujarat at Ahmedabad bearing Special Civil Application (SCA) No. 4700 of 1992 on 16.07.1992. Another SCA No.2940 of 1992 filed by one Srikant Deviprasad Joshi was heard along with SCA filed by the appellant. Shri Joshi was claiming right over the property in question on the basis of allotment made to him on 20.09.1972 as an enemy property 2. The land allotted to Shri Joshi was cancelled on 06.12.1974. The appeal against the said order was dismissed on 15.07.1975. It is thereafter Shri Joshi filed SCA before the High Court which came to be dismissed on 24.10.2013. The said order has attained finality qua Shri Joshi. Learned Single Bench decided the SCA filed by the appellant by not considering him to be encroacher but observing that it is an evacuee property and thus the appellant has no right over it. While examining the notice of the eviction and claim of regularization of possession, the Court held as under:

(3.) In an intra Court appeal, an order was passed on 20.01.2014 remanding both the SCA's before the learned Single Bench. But on an application filed, the application and the Letters Patent Appeal were dismissed on 10.03.2014.