Manojbhai Gordhanbhai Mori vs State Of Gujarat
2021 Latest Caselaw 15343 Guj

Citation : 2021 Latest Caselaw 15343 Guj
Judgement Date : 30 September, 2021

Gujarat High Court

Manojbhai Gordhanbhai Mori vs State Of Gujarat on 30 September, 2021

Bench: Biren Vaishnav

     C/LPA/968/2020                                 ORDER DATED: 30/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO. 968 of 2020
          In R/SPECIAL CIVIL APPLICATION NO. 13391 of 2020
                                With
          CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
             In R/LETTERS PATENT APPEAL NO. 968 of 2020
                                With
          CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021
             In R/LETTERS PATENT APPEAL NO. 968 of 2020

==========================================================
                      MANOJBHAI GORDHANBHAI MORI
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR NK MAJMUDAR(430) for the Appellant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,3
0,31,32,33,34,35,36,37,38,39,4,40,41,42,43,5,6,7,8,9
 for the Respondent(s) No. 4
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 1,2
MR MEET THAKKAR, AGP (1) for the Respondent(s) No. 5
MR KV GADHIA(319) for the Respondent(s) No. 3
==========================================================

 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE R.M.CHHAYA
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV
                               Date : 30/09/2021

                            COMMON ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE R.M.CHHAYA)

1. Heard Mr. N.K. Majmudar, learned advocate for the

appellants, Mr. Meet Thakkar, learned Assistant Government

Pleader for respondent Nos.1, 2 and 5 and Mr. K.V. Gadhia,

learned advocate for respondent Nos.3 and 4.

C/LPA/968/2020 ORDER DATED: 30/09/2021

2. Being aggrieved and dissatisfied by the judgment and

order dated 28.10.2020 passed by the learned Single Judge in

Special Civil Application No.13391 of 2020, the original

petitioners have preferred this Appeal under Clause 15 of the

Letters Patent.

3. Heard Mr. N.K. Majmudar, learned counsel for the

appellants. He has vehemently submitted that though the

appellants have already been evicted from the land occupied

by them, their case may be considered for Housing Schemes

floated by the Government.

3.1. Mr. Majmudar further contended that the project

is already undertaken by the Government upon Survey No.237

and the appellants have already been evicted.

3.2. Though Mr. Majmudar contended on merits of the

matter, no specific ground or contention has been raised by

Mr. Majmudar except the fact that the appellants have no

other alternative accommodation, they may be accommodated

in the Aavas Yojna.

C/LPA/968/2020 ORDER DATED: 30/09/2021

4. Learned counsels appearing for the respondents have

opposed this Appeal and have contended that the appellants

have already been removed even before the filing of the

Petition and therefore, the appellants are not entitled for any

relief, as prayed for.

5. No other and further submissions are made by the

learned counsels for the respective parties.

6. The learned Single Judge has observed in paragraph

No.4 in the oral order dated 28/10/2020 passed in Special

Civil Application No.13391 of 2000 which reads as under:

"4. At the outset, it may be noted that the present petition lacks basic facts and particulars. There is nothing on record to suggest that each of the 45 petitioners is having their huts on the land in question i.e. land bearing Survey No.237. The petitioners have also not produced the earlier notices received by them and the notices impugned by them, except the notices issued to the two-three petitioners by the Additional Mamlatdar, Rajkot under Section 202 of the Code, calling upon them to vacate the illegal occupation on the land bearing Survey No.237, which is a Government waste land. Under the circumstances, the present petition deserves to be dismissed on the ground of being vague and on the ground of non- production of requisite documents to show their legal

C/LPA/968/2020 ORDER DATED: 30/09/2021

occupation. From the documents on record, more particularly the notices issued by the respondent authority to some of the petitioners, it clearly transpires that they have illegally occupied the Government land, for which the notices were issued earlier and finally under Section 202 of the Code. As such, the petitioners themselves have mentioned in the petition that they had received notices and some of the petitioners had also replied to the said notices. Though the said notices and replies are not on record, even if the said statements are accepted as true, the petitioners were given opportunity of hearing before issuing the final notices under Section 202 of the Code, and therefore, it could not be said that the petitioners were not given opportunity of hearing before evicting them from the illegal occupation of the land in question."

7. No better particulars have been brought on record in this

appeal.

8. Mr. Majmudar has not been able to establish as to what

right the appellant has on the Government waste land being

Survey No.237. After following due process, the appellants

have been removed, we do not find any error which warrants

interference by this Court.

9. As far as submission of Mr. Majmudar, learned counsel

for the appellant that their case may be considered in Aavas

Yojna is concerned, the appellants have to apply and if they

are eligible, their case can be considered for which no

C/LPA/968/2020 ORDER DATED: 30/09/2021