SANJAY BABULAL BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is for seeking direction directing the respondents to reconstruct the cabin of the petitioner or permit the petitioner to reconstruct his own cabin at his own cost.

(2.) Learned advocate for the petitioner submitted that the notice which was issued for vacating the land on which the petitioner was doing small time business was subject matter of appeal by the petitioner and the said appeal came to be dismissed on 30.12.2019 and immediately thereafter on 31.12.2019, the petitioner was ordered to vacate the premises which now the Grampanchayat terms to be an encroachment. It is submitted that in the notice dated 31.12.2019, a new ground altogether has been created stating that the encroachment is on the "Gutter'. It is submitted that prior thereto no such ground had existed. It is submitted by drawing attention of this Court to the photographs that there are other persons who are similarly situated as the petitioner and who are also encroachers on the Government land qua them there is no demolition and it was only the petitioner who has been singled out. During the course of hearing, learned advocate for the petitioner has produced copy of two notices being dated 25.06.2019 and 03.07.2019 and submitted that against these notices, the petitioner had filed an appeal under Section 242 of the Gujarat Panchayats Act, 1993 (for short "the Act").

(3.) Learned advocate submitted that the petitioner was also entitled to the benefits of civil litigation which was ordered in favour of the occupiers of such premises including predecessor of the petitioner. It is submitted that the appeal of the Panchayat came to be dismissed and in fact thereafter, there is a resolution of Panchayat to permit the occupiers on such Government land as the Panchayat was deriving revenue from such allotment and occupation. It is submitted that after the decision of the appellate committee, the petitioner was not given sufficient time and on the date on which the impugned notice dated 31.12.2019 was issued, on the very day the demolition had taken place.