LAWS(GJH)-2002-7-18

GORDHANPAR GRAMPANCHAYAT Vs. COLLECTOR

Decided On July 01, 2002
GORDHANPAR GRAMPANCHAYAT Appellant
V/S
COLLECTOR Respondents

JUDGEMENT

(1.) . Heard Mr. Rajesh C. Kakkad, the learned counsel appearing for the appellant, at length and in great detail.

(2.) . Instant Letters Patent Appeal is directed against the order dated 17th June, 2002, passed by the learned Single Judge of this Court in Special Civil Application No. 5509 of 2002, whereby the orders dated 2nd November, 2001 and 30th March, 2002, passed by the Collector, Jamnagar, allotting the land to Indian Oil Corporation for construction of Petrol Pump on Gauchar land to the legal heirs of the martyr of Kargil War, have been upheld.

(3.) In the forefront, submission on behalf of the appellant, is that the impugned orders are bad inasmuch as the villagers of the concerned village were not given any opportunity of hearing, which was in violation of the principles of natural justice. To buttress the submission reliance is placed on the decision of a learned Single Judge of this Court in the case of Pachhat Varga Shramjivi Samudaik Sahakari Khedut Co-operative Society Limited and Ors. vs. Haribhai Mevabhai and Ors., reported in 1994 (2) Gujarat Current Decisions at Page 254.