ASHOK KUMAR K LALWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners filed this petition before this Court and prayed therein that the respondents, their agents and servants be prevented from disturbing and/or interfering, removing the petitioners from carrying on the occupation and also residing in the premises alongwith the family members situated between Canal & Roopali Dyeing Road, Nr. Narol Char Rasta within the limits of Isanpur Gram Nagar Panchayat. The prayer has also been made for the grant of interim relief.

(2.) The petitioners have come up with a case that they are having their lorries, galls and small stalls on the kachcha road of Naroda Highway Road, linking Narol-Naroda near Isanpur Char-Rasta. On 2nd December, 1985, in the evening, the staff of the Irrigation Department, Chandola Vibhag, came in vehicle No. GRR 4645 and actually partially demolished a portion of the premises of the petitioners No. 5 and 7. It appears that the petitioners were removed and the premises were destroyed on 5th December, 1985. However, the petitioners have not very specifically mentioned all these facts. The petitioners claim that they are small and petty self-employed persons who have been occupying the said premises for at least past ten years i.e., and since 1975 as their rcsidence-cum-busincss premises. It has further been stated that their names appear in the list of voters as well for number of years and Isanpur Gram Nagar Panchayat in charging taxes from them.

(3.) The reply to the Special Civil Application has been filed by the respondent. Alongwith the reply, the respondents have filed a site plan giving out details of the site. The Narol Branch Canal has been shown in this plan in blue colour. The encroachment made on the Canal Bank has been shown in purple colour. The respondents have come up with a case that the petitioners have made an encroachment upon the Government land by raising construction on 2.2.1985. When the petitioners have raised the construction the staff of the office of the Irrigation Department asked them to stop the impugned construction. The petitioners No. 5 to 7 had started the construction and it has to be stopped. The construction was sought to be made on a bank of the Canal which runs from Chandola tank to Narol and Laxmipura. The land in dispute belongs to the Irrigation Department and it requires the said land for stores and other materials which conies on cleaning of the Canal. The respondent has stated that the petitioners have no right whatsoever in the land.