ORAL ORDER
1. This petition is filed challenging the communication dated 27.04.2023 (Annexure C page 15) under which, the petitioner has been directed to remove encroachment created on a gauchar land. The communication dated 27.04.2025 also refers to the assistance to be provided by State authorities for peaceful removal of encroachment.
2. Heard learned advocate Mr. Keyur Vyas for the petitioner. Learned advocate submitted that the petitioner herein is the resident of Samau village and belongs to a particular community and for the events to be organized, the petitioner has put some monuments on the land bearing Survey
Page 1 of 3
No.1497 which is a gauchar land. Leaned advocate submitted that these monuments are not creating any obstacle to the villagers and it is not the case of land grabbing for putting the monuments. These monuments are aimed to inspire future generations to remember to do the social work and, therefore, after receipt of notice dated 27.04.2023, the petitioner made a representation dated 01.02.2024 at Annexure E page 17 signed by villagers and community people to keep the monuments at the said place. Therefore, the respondents may be directed to decide the representation dated 01.02.2024.
3. Having considered the submissions, it is noticed that the petitioner is aggrieved by the notice dated 27.04.2023 under which he has been directed to remove encroachment. The time and assistance were to be provided by the police authority is forming part of notice dated 27.04.2023. The land on which the monuments are placed by way of encroachment, is admittedly a Gauchar land and as per the settled legal position, no encroachment can be created on a Gauchar land. Moreover, as held by Hon'ble Supreme Court in the case of Rameshbhai Virabhai Chaudhari vs. The State of Gujarat & Ors. in SLP (Civil) No.14222 of 2019, the Gauchar land can only be used for which it is permitted to be used and if there is use contrary to the permissible use, whether by the State or
Page 2 of 3
by any third party, the same cannot go on. Accordingly, this Court does not find any merit in the petition and the same is rejected.
(MAUNA M. BHATT,J)
NAIR SMITA V./14
Page 3 of 3