The grievance of the petitioner is that the petitioner's cabin/galla has forcibly been removed and no opportunity was made available to the petitioner before such removal. But the stand of the Panchayat is that the petitioner had voluntarily removed the cabin/galla.
The prayer in this petition is for issuance of a direction for reconstruction of the cabin/installation of the cabin at the same place or at some alternative place.
After some amount of submissions, Mr. Thakar, learned advocate for M/s. Nanavati and Associates, for the petitioner, submitted that the petitioner would make appropriate representation to the respondent-Panchayat setting out the facts of the petitioner's case and praying for installation of a cabin/galla at the same place or at an appropriate place on the conditions which might be imposed by the Panchayat. The petitioner is permitted to make such a representation within a period of 10 days hereof. As and when such a representation is made, the respondent-Panchayat shall take appropriate decision after hearing the concerned petitioner. It is expected that the Panchayat shall take into consideration the question as to whether the petitioner has any other source of livelihood or not while taking the decision. The decision so taken shall be placed on the record of this petition. For the purpose of enabling the petitioner to make a representation and the respondent-Panchayat to take decision, this matter is adjourned to 15/2/1997. Direct service to both the parties. Direct service to both the parties.
Date : 20/12/1996.[M.S. Parikh,J.]