GANDA BHANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONERS have challenged an order dated 7. 6. 94 passed by the Collector, Surendranagar as upheld by an order at Annexure A1 passed by the Deputy Secretary.

(2.) THE petitioners are residents of village Vadhvan. They claim to be belonging to Scheduled Caste and also from poor strata of the society. The case is that they were occupying small pieces of plots of the Nagarpalika since years. They along with similarly situated persons applied for regularization of their occupation. Vadhvan Nagarpalika passed resolution regularizing such occupation. This resolution was challenged by respondent No. 4 before the Collector. The Collector set aside the resolution mainly on the ground that several plots were allotted to near relatives of the Chairman of the Executive Committee of the Nagarpalika. Principally, the Collector found the resolution illegal on the ground that the land was valued at Rs. 25 per sq. meter without any basis. The Government concurred with the view of the Collector and hence the petition.

(3.) LEARNED advocate Mrs. Pahwa for the petitioners submitted that during the pendency of this petition, the Government itself had called for certain materials from the petitioners to examine whether their occupation can be regularized. This Court while entertaining the petition passed order of status quo and this is how possession of the petitioners have been protected.