COLLECTOR - PORBANDAR Vs. PREMJI MAVJI BAMANIYA

JUDGEMENT

(1.) By way of present petitions, the learned Collector, Porbandar has challenged the order dtd. 14/7/2011 passed by Special Secretary, Revenue Department (Appeals) Ahmedabad in Revision Application No. JMN/PRB/7/2007, whereby the learned SSRD has directed the learned Collector, Porbandar to regularise the encroachment of the private respondents herein by taking market value, as per the Government Resolution of the Revenue Department dtd. 8/1/1980. Since the common question of facts and law are involved in all these petitions, they were earlier ordered to be heard together.

(2.) The facts of the matter Special Civil Application No. 10174 of 2014 is taken as lead matter. The brief fact of the petition is that there is a government gaucher land bearing Survey No. 208 paiki, situated at village Chhaya, Taluka and District: Porbandar, and the same was encroached upon by the private respondents in 1988 where against the private respondents, proceedings were initiated under Sec. 61 of the Land Revenue Code before the Mamlatdar, Porbandar. Learned Mamlatdar found that the five respondents have encroached upon the land and were ordered to pay due assessment for all 15 years of unauthorised occupancy and has also order to vacate the land in question. Thereafter, the private respondents moved an application dtd. 22/7/2004 before the Collector for regularisation of their unauthorised occupancy, which came to be rejected by the Collector by order dtd. 19/3/2007. The same was challenged by the private respondents by way of aforesaid revision application before the learned SSRD. By the impugned order, the learned SSRD has directed the learned Collector to regularise the encroachment of the respondents by charging the market price as per the Government Resolution dtd. 8/1/1980.

(3.) Heard Mr. Nikunj Kanara, learned AGP for the petitioner and Mr. Nishit Gandhi, learned advocate for Mr. Satyam Chhaya, learned advocate for the private respondents.