GABHUBHAI KUKABHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the petitioners. The petitioners claim to be residents of the City Survey No.2579/A and 2582 at Shankar Faliyu, At & Post Vyara, Taluka Vyara, District Tapi. The learned counsel for the petitioners submits that there are a total of 165 families residing in kachha houses (Hutments). The petitioners are residing on the said survey numbers since a very long time. Learned counsel submits that by notice dtd. 19/4/2023 under Sec. 61 of the Land Revenue Code, the petitioners were called upon to show cause as to why they should not be evicted from the said government lands. He submits that thereafter on 26/4/2023, the petitioners have remained present and given their reply to the said notice under Sec. 61 of the Land Revenue Code. He further submits that by impugned order dtd. 14/6/2023, the final order has been passed under Sec. 61 of the Land Revenue Code calling upon them to vacate the encroached land within 10 days, failing which, the encroachments would be removed. He further submits that accordingly notice under Sec. 202 of the Land Revenue Code has also been issued on 22/6/2023 by the respondents. The learned counsel submits that the petitioners are poor and landless and respondents ought to have acted in terms of the State Government Policy to rehabilitate the slum dwellers before evicting them from the government land by giving them alternate living space. He submits that without initiating any steps to provide any alternate accommodation as per the Regulations for Rehabilitation and Redevelopment of Slums, 2010 and as per the Government Resolution dtd. 18/7/2013, the respondents have started eviction proceedings and have started demolishing the houses. The learned counsel further submits that joint representations dtd. 26/3/2023 have been made to the Collector, Tapi for stopping the demolition and providing alternative accommodation. He submits that the respondents be directed to first provide alternate accommodation to the petitioners and till then the petitioners be protected from the demolition. The learned counsel also submits that as per the Government Policy no demolition and eviction proceedings are undertaken in the monsoon season so as to avoid hardships to such occupants. The learned counsel for the petitioners thus submits that eviction proceedings be stayed and the Special Civil Application be allowed.

(2.) Heard the learned counsel for the petitioners and perused the documents on record.

(3.) The lands in question are government lands. The same are required for construction of Police Headquarters. In the present case, the notice under Sec. 61 of the Land Revenue Code came to be served on the petitioners on 19/4/2023. Pursuant to the receipt of such notice, the petitioners have also filed their reply and remained present for hearing on 26/4/2023. Thereafter, by order dtd. 14/6/2023, the City Survey Superintendent, Vyara, District Tapi has directed them to remove the unauthorized constructions on the government land within a period of 10 days. The said order has been purported to have been received on 21/6/2023. The learned counsel for the petitioners has also handed over two representations made to the Collector, Tapi with respect to providing of alternate accommodation to the occupants of the land in question including the petitioners. The respondent authorities have thereafter issued notice under Sec. 202 of the Land Revenue Code to the petitioners on 22/6/2023. On a specific query being asked to the learned counsel appearing for the petitioners, it is submitted that the petitioners have not preferred any appeal under Sec. 203 of the Land Revenue Code against the order dtd. 14/6/2023. He submits that since the respondents have initiated eviction proceedings, the petitioners did not have time to initiate such appeal proceedings. It is submitted that the respondent authorities have started the demolition activity on 22/6/2023 in the morning at 4.00 am. And around 70 huts/kachhaa houses have been demolished and around 40 houses remain to be demolished. In the present case, the order under Sec. 61 of the Land Revenue Code has been placed on record only in respect of two of the petitioners i.e. petitioner No.3 and petitioner No.5 and notice under Sec. 202 of the Land Revenue Code has been placed in respect of petitioner Nos.1 & 2 and petitioner No.3. It is pertinent to note here that no documents have been produced on record to show the occupancy of the petitioners since a long time as alleged. Incomplete documents are filed on record which do not show how the petitioners are entitled to the reliefs prayed for. Even a copy of the reply filed before the City Survey Superintendent has not been placed on record.