ADIVASI KRANTI TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Shri Mukesh A.Patel, learned counsel for the petitioners and Ms.Manisha Lavkumar Shah, learned Senior Advocate and Government Pleader assisted by Ms. Aishvarya Gupta, learned Assistant Government Pleader for the State respondents.

(2.) This petition under Article 226 of the Constitution of India framed as a Public Interest Litigation has been filed by Adivasi Kranti Trust as petitioner No.1 and two others, who are said to be residents of Village Rohina, Taluka Pardi, District Valsad, praying for the following reliefs: "A. A writ of mandamus or writ in the nature of mandamus, or a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ order or direction may kindly be issued directing the respondents authorities to continue the land survey No.430 admeasuring H 1-15 G-34 Sq.Mt.(New survey No.605) of Village Rohina for use as Gauchar land and for Holding HAT for local villagers and the respondent No.8 may kindly be restrained from making construction of the land as well from restraining the local villagers from holding and participating in HAT over the land.

(3.) In brief, the grievance is with regard to use of part of the land of Survey No.430(old Survey No.605) measuring H 1-15 G-34 sq.mtrs. for setting up an Agricultural Produce Market Yard or a Sub-market Yard. Further grievance is that the Agricultural Produce Market Committee (APMC) although allotted only 2000 sq.mtrs. of land is encroaching upon the surrounding land also of the aforesaid land survey number. It is also the case of the petitioners that aforesaid survey number is reserved as pasture land (gaucher) and as such, the said construction of market yard over this plot is contrary to the legal provisions. As such, this Court may issue appropriate directions restraining the respondents from setting up the market yard.