BHOJA SHAMALA RABARI Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard ld. counsel Mr. Vijay Patel appearing for the petitioner in both these petition and ld. AGP Mr. A.Y.Kogje, appearing for Respondent Nos. 1 to 3 in Spl.C.A. No. 3820/2002 and ld. AGP Mr. H.H.Patel, appearing for Respondent Nos. 1 to 3 in Spl.C.A. No.3825/2002.

(2.) Both these petitions are filed by the petitioners-detenu who are real brothers invoking jurisdiction of this Court under Article 226 of the Constitution of India challenging the legality and validity of the orders of detention passed against both of them on the same day viz. on 10.12.2001 by the District Magistrate, Jamnagar, in exercise of the powers vested in him under Section 3(2) of The Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as the PASA Act). Both the petitions are simultaneously heard and as the grounds assailing the orders of detention under challenge are similar in both the petitions, with the consent of the ld. counsel appearing for the parties, and disposed of by this common oral judgment.

(3.) Both the petitioners are branded as "property grabbers" within the meaning of Section 2(h) read with Section 2(i) of the PASA Act. On perusal of the papers produced by the petitioners including the grounds of detention served on both the detenues, it reveals that the subjective satisfaction is recorded by the detaining authority on the facts that the petitioners have encroached upon three different parcels of lands situated in the sim of village Meghpar and Jogvad, Ta : Lalpur, District : Jamnagar and are enjoying the fruits by letting the open parcels of lands and the superstructure erected on said lands. As per the grounds of detention served on the detenues, it transpires that about 1000 sq.ft. of lands of government waste land survey No.83/1 paiki of village Meghpar was encroached upon and after erecting pakka construction thereon, the same was let out to one Shri Manubhai Jerambhai and the petitioners were recovering Rs. 2500/ per month as rent from said Shri Manubhai. Similarly, approximately 500 sq.ft. of lands of government waste land survey No.83/1 paiki of village Meghpar was encroached upon by the detenues and were given to one Ashok R. Agrawal on rent in the same manner. One Abdul Razak was also given one shop erected by the petitioners on the same land and they were recovering monthly rent of Rs.150-00 from him. Nine other different persons named in the grounds of detention were also put into possession of different shops erected on the lands of Survey No. 221 owned by the government situated in the outskirts of village Jogvad on monthly rent. All these persons were not given receipt. Government officers were satisfied that it would be difficult for them to pull down the superstructure viz. houses/ shops constructed in an illegal manner on the government lands wherein all these persons who are either residing therein or carrying on their respective business. It is also the case that three different persons namely (1) Gulabji Premji, (2) Suresh Harji Sanchania, and (3) Hansaben Velji Naliapara were given open government land of Survey No.221 situated in the sim of village Jogvad for erecting brick kiln (Baththa) and doing business of manufacturing bricks and those persons were also giving substantial amount of monthly rent to the petitioners. The petitioners were also found providing water to all these brick kiln holders from the Bore Well constructed by them on the said land. It is alleged that the petitioners being "dangerous persons", they were able to encroach upon approximately 9 Gunthas of government lands of Survey No.99 of village Jogvad.