ASHOK VASANTLAL MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WITH the consent of the learned Counsel appearing for both the sides, the matter is finally heard today.

(2.) RULE . The learned Counsel appearing for the respondents waive service of notice of rule.

(3.) THE petitioners, who are members of the Society and the occupants/plot holders, have approached this Court for the relief, inter alia, challenging the orders at Annexure A and B passed by the District Panchayat dated 17.10.2003 as well as the order dated 31.5.2004 passed by the State Government in revisional jurisdiction and it is further prayed by the petitioners to direct respondent authority to remove the encroachment and unauthorised construction upon the land of Survey No.49/1 of Village Nandel, Taluka and District Bharuch of the common plot, marginal land of the road and the commercial complex of Shravan School, Ramnagar Society, Pooja Complex, etc. The petitioners have also alternatively prayed that adequate measurement for the payment of compensation and/or providing for sufficiently large open plot for common facilities to the plot holders be ordered.