LAWS(GJH)-2012-11-39

RAJPUT DALPUJI HARIJI Vs. STATE OF GUJARAT

Decided On November 08, 2012
Rajput Dalpuji Hariji Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS writ petition, under Article 226 of the Constitution of India, in the nature of a public interest litigation, is at the instance of few villagers of village Tarabh, situated in Taluka Visnagar of District Mehsana, as they are aggrieved by the action and the decision of the State Government to allot 67 hectors of Gauchar land, forming part of survey No.159/1, in favour of the respondent No.9, the Spice Board, a Statutory Body, constituted under section 3 of the Spice Board Act, 1986, and a part of Ministry of Commerce, Government of India for the purpose of establishment of a Spice Park. The petitioners have prayed for an appropriate writ, order or direction on the respondents to declare such allotment of Gauchar land in favour of the respondent No.9 as illegal, and to back the possession of the land from the respondent No.9.

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

(3.) STANCE of the respondent No.9, the Spice Board.