PARADVA GRAM PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Shri B.M. Mangukiya, learned counsel for the petitioners, Mrs. Manisha Lavkumar Shah, learned Government Pleader, assisted by Ms. Krina Calla, learned Assistant Government Pleader, for the State- respondent Nos.1 to 5 and 8, Shri Rakesh Patel, learned counsel for respondent No.6 and Shri Rituraj Meena, learned counsel for respondent No.7.

(2.) This petition under Article 226 of the Constitution of India, framed as Public Interest Litigation, has been filed by Paradva Gram Panchayat and nine others. Petitioner No.2 is the Sarpanch of the said Gram Panchayat, petitioner No.3 is the Upa-Sarpanch of the Gram Panchayat and petitioner Nos.4 to 10 are the members of the Gram Panchayat, impleaded as petitioner No.1.

(3.) The relief claimed by means of this petition is primarily to declare that the Collector has no power, authority or competence to transfer certain reserved forest lands to de- reserve the same and allot it to private persons without following due process of law prescribed under Section 37 of the Gujarat Land Revenue Code (hereinafter referred to as 'the Code'). It is also prayed that appropriate writ, order or direction be issued holding and declaring that the action of the Collector is ex-facie malicious to transfer the forest land without following procedure prescribed under the Code and the Indian Forest Act , 1927. It is also prayed that appropriate writ, order or direction be issued to quash and set aside the decision of the Collector for admeasuring the lands as directed by order dated 12.6.2018. The reliefs as claimed in para A to G are reproduced herein below:-