RAMESHBHAI DWARKADAS PATEL Vs. KUVASAN GRAM PANCHAYAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking directions to the authorities for removal of illegal encroachment.

(2.) Learned advocate for the petitioner has taken this Court to the orders of various authorities viz. District Development Officer, who has concluded in his order dtd. 19/1/2015 that there is an encroachment on the plots mentioned in the order and now which is the subject matter of the petition being Survey No.46 of Village:Kuvasana. The measurement with regard to the encroachment has also been specified in such order. The affected party has approached the revision authority by filing an Application no.12 of 2016 before the S.S.R.D and S.S.R.D also in its order dtd. 7/3/2017 has rejected the application of the encroachers not only on the ground of delay, but also on the ground of merits. While doing so, the SSRD has referred to the order dtd. 30/8/2015 which is passed under Sec. 242 of the Gujarat Panchayat Act and if such order which is now placed on record at Annexure-G is taken into consideration then the appeal preferred by the encroachers came to be rejected.

(3.) The Court has taken into consideration the order dtd. 31/8/2015 passed initially by the Appeal Committee, and thereafter, the order dtd. 10/3/2017 passed by the SSRD. From the orders of the authorities, the encroachment made by the concerned party has been confirmed. From the record before this Court as well as submissions made by learned advocates for the parties, there is nothing to suggest as there is any further challenge either to the order passed by the SSRD in both the proceedings. Therefore, the issue of encroachment by the private parties has now been confirmed. It was for the respondent authorities to act in accordance with directions so issued.