: (Per G.D. Kamat, C.J.) Appellants had instituted Special Civil Application No.5204 of 1995, making grievance that their cabins-larri gallas were removed from the junction of Visnagar-Vijapur Path, without following due procedure of law. According to them, they were carrying on small business, which provided livelihood to them and their families and with the removal of their cabins-larri gallas, they and their families are made to starve.
The petition was rejected by the learned single Judge on 31st of August, 1995 based upon affidavit-in-reply filed by the State of Gujarat that all these cabins-larri galls were situated alongside the State Highway, running between Visnagar-Vijapur Path. It appears that the cabins-larri gallas were removed with a view to widen the State Highway, more particularly at the junction of the cross roads. From the affidavit-in-reply, it is also clear that notices were served upon some of the appellants, but they did not choose to remain present. It appears that out of 19 appellants, 8 of them had instituted civil suit and the same are pending.
25th September, 1996.
An attempt was made by Shri Raval, learned counsel appearing for the appellants, to refer to a judgment of an appellate court in respect of suit filed by the appellants as against persons claiming the land, which is now going to be widened. It is not necessary for this Court to go into the same as the suit is still pending. The fact remains that the State of Gujarat wants to widen the State Highway and for the purpose of carrying out the widening, the cabins-larri galls were removed. The action of the State Government is in public interest and in our view, the petition was rightly rejected. Appeal calls for no interference and it is rejected.
Mr. Raval, learned counsel appearing for the appellants, states that the appellants would make a representation to the authorities concerned for alternative site. In the event such a representation is made, the authorities may consider whether alternative site can be given to them and the same may be considered, with due sympathy.
24th / 25th September, 1996( G.D. Kamat, C.J. ) ( C.K. Thakkar, J. ) ******* (apj)