Gujarat High Court
Udaysingbhai Sharvanbahi Valvi vs Collector (Dist. Tapi) on 13 October, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/20884/2019 ORDER DATED: 13/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20884 of 2019
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UDAYSINGBHAI SHARVANBAHI VALVI & ORS.
Versus
COLLECTOR (DIST. TAPI) & ORS.
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Appearance:
MAHESHKUMAR S VASAVA(9394) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,3,4,5,6,7,8,9
MS HETAL PATEL, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 13/10/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
1. The present petition has been filed by 25 persons who
claim to be the original owners of lands of village Dodava,
Taluka Kukarmunda, District Tapi in the State of Gujarat.
2. The assertion in paragraph '3.2' of the writ petition is
that Ukai project for construction of Ukai Dam across Tapi
river was executed in the year 1972 and the Dam meant for
power generation, irrigation and flood control was
constructed for a catchment area of 62,255 kms. and a water
spread of about 52,000 hectares. For rehabilitation of the
affected families of Ukai project, residence places, namely
vashahat were allotted in Kukarmunda village by the
Government of Gujarat. As a result thereof, the land
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C/SCA/20884/2019 ORDER DATED: 13/10/2025
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acquisition proceedings were conducted under the Land
Acquisition Act, 1894 for providing residence to affected
families of Ukai Project.
3. The contention is that the issue in the present petition is
related to 309 acres land of 27 farmers (wrongly mentioned)
(correctly noted as 25 petitioners), allegedly encroached by
the Government authorities and private individuals in the
name of land acquisition. It is submitted that no acquisition
proceedings had been conducted in the Village Dodava for
Ukai project and due to proximity of the Village Kukarmunda
with Village Dodava, many outsiders and affected families of
the Ukai project had encroached the lands of the petitioners
and built their shelter homes.
4. The submission, thus, in paragraph '3.5' of the writ
petition is that the petitioners, viz. farmers of Village Dodava
have taken various initiatives to stop the land grabbing by
private individuals and encroachers. Even the officers of the
Rehabilitation and Special Land Acquisition under Ukai
project had issued notices to the encroachers. Some of such
notices are appended as Annexure 'C' to the writ petition.
5. It is further contended that inspite of the efforts made by
the petitioner and the district authorities, there is continuous
encroachment and the farmers of village Dodava have not
been able to take effective steps to prevent this misconduct
and irregularities due to lack of knowledge and economic
backwardness for being belonging to underprivileged section
of the society.
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6. The contention in paragraph '3.6' of the writ petition is
that the petitioners are being victimised by the encroachers
forcefully in unlawful manner. There is a shopping centre at
present in the vicinity where the shops are operating without
license and many criminal activities such as gambling and sale
of alcohol for the area being in proximity with Maharashtra
State border, are being carried out. To support this
submission, photograph of the shopping centre is appended as
Annexure 'D'.
7. The further contention in the writ petition is that the
petitioners wrote to the District Collector and the higher
authorities. However, the Mamlatdar of the District has
shown lethargic and sluggish attitude in the entire matter.
8. It is further submitted that, on the contrary, the District
Collector has allotted the land in dispute to the Gujarat State
Road Transport Corporation for constructing bus depot in the
Survey No. 55 of village Fulvadi, Taluka Nizar(Gamtal
Kukarmunda), New Taluka Kukarmunda, which is also not
acquired by the Rehabilitation and Special Land Acquisition
Officer under Ukai project. It is further submitted that even
legal notice had been issued by the advocates engaged by the
petitioners requesting to initiate the departmental inquiry to
investigate into the matter.
9. With these assertions, the prayers made in the writ
petition are as under :-
"A. YOUR LORDSHIPS kindly may be pleased to admit
and allow this petition.
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B. YOUR LORDSHIPS kindly may be pleased to issue
a writ of mandamus or any other appropriate writ, order
or direction to hold fair and transparent inquiry seeking
into this matter and submit report to this Hon'ble Court
within one month.
C. YOUR LORDSHIPS kindly may be pleased to
appoint independent inquiry commission to hold the
inquiry in the above subject matter and submit its report
to this Hon'ble Court.
D. YOUR LORDSHIPS pass appropriate order as to
costs.
E. YOUR LORDSHIPS pass such further or other
orders which this Hon'ble Court may deem fit and proper
in the facts and circumstances of the case in the interest
of justice."
10. At this juncture, the assertion made in paragraphs '5'
and '6' of the writ petition are also relevant to be extracted
hereinunder :-
"5. The petitioner submits that One Public Interest
Litigation is filed with the same subject by social worker,
which is disposed by this Hon'Court. Copies of order is
annexed hereto and marked as "ANNEXURE-J".
6. The petitioner has not filed any other appeal or
application either before this Court or Supreme Court of
India or before any other Courts on the same subject
matter of this petition. One Public Interest Litigation is
filed with the same subject by social worker, which is
disposed by this Hon'Court. The petitioner hereby,
reserves the right to add, alter, amend, delete, and
modify any part of the petition."
11. A perusal of the judgment and order dated 11.01.2019 in
Writ Petition (PIL) No. 209 of 2018 at page '63' of the paper
book indicates that the petitioner therein had approached this
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Court, it seems, raising similar grievances as is being raised
in the present petition of 27 farmers whose land
approximately 309 acres, was allegedly acquired for Ukai
project affected families, i.e. to provide residential
accommodation, etc. The present petition appears to be the
second petition for the same cause of action.
12. Be that as it may be, no relief can be granted in the
present petition, inasmuch as, there is no clarity in the writ
petition about the land holdings of each of the petitioners
herein and also the extent and nature of alleged
encroachment. No positive direction can be issued for making
an inquiry as prayed for in the writ petition.
13. From the facts stated in the writ petition, as noted
hereinabove, it is evident that whole grievance of the
petitioners is about the alleged illegal encroachment made by
private individuals. For the relief prayed in the writ petition,
in our considered opinion, the appropriate course of action for
the petitioners is to approach the District Collector or to file a
Civil Suit.
14. The present petition is accordingly dismissed giving
liberty to the petitioners to avail the civil remedy by
approaching the Civil Court, as available to them.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
BIJOY B. PILLAI
