LAWS(GJH)-2007-12-217

PAWAR RAMESHBHAI ARJUNSINGH Vs. ADMINISTRATOR

Decided On December 24, 2007
PAWAR RAMESHBHAI ARJUNSINGH Appellant
V/S
ADMINISTRATOR Respondents

JUDGEMENT

(1.) As common question of facts and law arise in these group of petitions, they are being disposed of by this common judgment and order.

(2.) In all these petitions, under Article 226 of the Constitution of India, the respective petitioners who are residing at Village Bholav, District Bharuch have prayed for an appropriate writ, direction and order to quash and set aside the respective demolition / eviction notice issued by respondent No.1. All these petitioners are having their hutments situated in Village Bholav, in a part of Revenue Survey No.93 near one Protins and Food Company. As they were in illegal occupation and possession of said survey; that they have encroached upon Government land, Bholav Gram Panchayat, by impugned notice called upon the respective petitioners to remove unauthorized encroachment. Being aggrieved and dissatisfied with the said notices, the respective petitions have preferred the present petitions, under Article 226 of the Constitution of India for the aforesaid relief.

(3.) Mr.Malkan, learned Advocate appearing on behalf of the respective petitioners has submitted that impugned notices are issued by respondent no.1 without following due procedure as required to be followed under Sub-section (2) of Section 105 of the Gujarat Panchayat Act ('the Panchayat Act' for short), more particularly proviso to Sub-section (2) to Section 105. It is submitted that land in question is vested in the State Government and therefore, before issuing impugned notices, permission of the Collector or any authorized by him in that behalf is required to be first obtained and in the present case, no such permission of the Collector has been obtained by the Panchayat before issuance of the impugned notices. It is submitted that obtaining the permission of the Collector is sine qua non and condition precedent. Therefore, it is requested to quash and set aside the impugned notices. No other submission have been made by the learned Advocate appearing on behalf of the petitioners.