ABDULKARIM ALIBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner challenges the order/letter dated 28th April 1997 passed by the Collector, Junagadh (Annexure K ), whereby the petitioner has been informed that his application for regularisation of encroachment has been rejected by the State Government.

(2.) The facts stated briefly are that, by an order dated 26th April, 1978 of the City Survey Superintendent, Prabhas-Patan, Junagadh, the petitioner had been granted lease in respect of land admeasuring 23.78 sq. mtrs. situated on the south of city survey No.516 at Block No.C of Prabhas Patan of Veraval Taluka on an annual basis. The aforesaid lease was extended by an order dated 26th November, 1978. It appears that thereafter, despite the aforesaid lease having come to an end, the petitioner continued to occupy the said land unauthorizedly, hence, the City Survey Superintendent & Additional Mamlatdar, Prabhas Patan, initiated proceedings under Section 61 of the Bombay Land Revenue Code (the Code), being Encroachment Case No.90/1989-90. By an order dated 22nd June, 1990, penalty was imposed upon the petitioner under Section 61 of the Code, and the petitioner was directed to remove the encroachment on the said land.

(3.) The petitioner paid the penalty and made an application for regularisation of the encroachment on the above mentioned land. However, by an order dated 22nd August 1991, the Deputy Collector, Veraval rejected the said application on the ground that regularisation of encroachment would result in the road becoming narrow and consequently would cause hindrance to the traffic.