IQBALBHAI ISHABHAI DERAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CONSIDERING the scope of the controversy and the view that the Court is inclined to adopt, the petition is taken up for final hearing and disposal today. RULE. Learned Assistant Government Pleader is directed to waive service on behalf of the respondents.

(2.) THE petitioner is alleged to have encroached upon the land bearing Survey No. 318 paiki, admeasuring 738 sq. mtrs. The petitioner approached the respondent authorities for regularization of the occupation and respondent No. 2-District Collector, Amreli appears to have initially assessed the value of the land in question payable by the petitioner for the purposes of regularization sometime in 2005. Thereafter, proposal was made to the State Government and vide communication dated 03. 04. 2008 the State Government had called for certain additional details from the Collector. On 31. 07. 2008/ 01. 08. 2008 the Collector referred to circular letter dated 28. 04. 2005 and 19. 10. 2005 as well as dated 16. 08. 2006 and communicated to the State Government that in light of the said instructions there was no question of regularizing any encroachment of Government land and, therefore, he was not required to furnish the details called for.

(3.) ON 07. 08. 2008 the State Government once again called upon the Collector to comply with the earlier communication dated 03. 04. 2008.