DAHYABHAI R GHONSIA Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) THE petitioners by this petition have prayed for the appropriate writ to direct the respondent-Deputy Collector to handover the possession of the land alloted to the petitioners under Annexure-A and the petitioners have also prayed to direct the respondent-Deputy Collector to regularize the agricultural land encroached by the petitioners and Mr.Parmar, learned advocate for the petitioners during the course of the hearing submitted that he is not pressing the prayer 8(c) and 8(d).

(2.) IT appears that as per the petitioners vide order dated 6.3.1983, copy whereof is produced at Annexure-A, the land ad-measuring 3 Acres has been alloted to the petitioner whose name is mentioned at serial number 40 in the list. As per the petitioner, the said land has not been handed over. It also appears that as the petitioner anticipating the allotment of the aforesaid land, has encroached over the land ad-measuring 12 Acres bearing Survey No.62, 76 and 78. Therefore, the prayer of the petitioner is to handover the possession of the land which has been alloted to him and the encroachment made by him over the land ad-measuring 12 Acres be regularized.

(3.) AS per the petitioner, the land ad-measuring 3 Acres is not a part of the forest land, whereas, as per the respondent authority, the land is of survey No.62/1 is a part of the forest land. After the allotment of the land, if it has come to the notice of the Authority that the land is part of the protected forest land and the possession is not handed over, such action cannot be said to be arbitrary or unjust as sought to be canvassed.