BHAGUBHAI HIRALAL DEVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Public Interest Litigation has been filed by purportedly Advocate and President of Hitrakshak Samiti Non- Tradition Organization, Porbandar for the following reliefs:-

(2.) Brief fact of the present case is that it is alleged that respondent No.4 herein has encroached upon the Government land and the Government has illegally granted Government land to respondent No.4 - Trust. It is contended that the land admeasuring Acre 83 - 37 Gunthas was granted in favour of the respondent No.4. However, respondent No.4 had encroached upon the large area of land much more than the land granted to it. It is alleged that upon measurement, it revealed that approximately 21 Acres land was in possession of the Trust which was more than the land allotted to respondent No.4 - Trust. It is contended that the map of the DILR revealed that even construction was carried out upon the land which had been illegally / unauthorizedly occupied by the Trust.

(3.) The petitioner has challenged the order dated 29.05.2010 passed by the Government Authority and to direct respondents No.1 to 3 to take possession of the land which is illegally occupied by respondent No.4 and to initiate proceedings for recovery of penalty in accordance with law.