LAWS(GJH)-2012-8-260

SHAILESH NARSINHBHAI PATEL Vs. DISTRICT COLLECTOR

Decided On August 30, 2012
SHAILESH NARSINHBHAI PATEL AND ORS Appellant
V/S
District Collector And Ors Respondents

JUDGEMENT

(1.) By way of this writ-petition under Article 226 of the Constitution of India, in the nature of Public Interest Litigation, the petitioners have prayed for the following reliefs:

(2.) The case as made out by the petitioners in this petition may be summarised as under :

(3.) Mr.J.V. Jappi, learned counsel appearing on behalf of petitioners, vehemently submitted that the respondent No.1-Collector, Navsari, ought not to have allotted 'Gauchar' land for construction of building for Women Protection Centre and Child Centre. Mr.Jappi submitted that another land could have been allotted for such construction but at least not the 'Gauchar' land. Mr.Jappi submitted that even the Supreme ourt in the case of State of Jharkhand and others v. Pakur Jagran Manch and others, 2011 2 SCC 591, has taken a view that dereservation of any Government land reserved as 'Gauchar' should only be in exceptional circumstances and valid reasons. Mr.Jappi, therefore, urged that this is a fit case to set aside the order of allotment passed by the respondent-Collector, Navsari.