DHUVA GRAM PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner -Dhuva Gram Panchayat in the present petition has questioned the decision of the Government in seeking to rehabilitate certain villages which were uprooted on account of the proposed project of Deesa Air Field. The case of the petitioner is that the Gauchar land of the village Panchayat was sought to be used for such rehabilitation by the Government and the Panchayat had serious objection to the same.

(2.) AT this stage, it is not necessary to examine the legal contentions of the petitioner. The petition remained pending before this Court for more than ten years and interim protection was granted to the petitioner. The proposal for rehabilitation of the outstees by utilizing the land of the petitioner Gram Panchayat, therefore, did not materialize. Over the period of time, the present situation might have undergone material changes, it would, therefore, not be appropriate on the part of the Government also to go ahead with the proposal unmindful of the changes that might have taken place in the mean time. Whether presently there is any need of rehabilitation of any of the outstees who are yet to be rehabilitated, and whether any other land is available, etc. are the questions which shall have to be examined before taking a final decision in this regard.

(3.) UNDER the circumstances, the Special Civil Application is disposed of directing that if after examination of the present situation the Government desirous to use any land assigned to the petitioner village Panchayat for the purpose of rehabilitation of any of the outstees, the same shall be done after giving reasonable opportunity of being heard to the petitioner in this regard.