(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) By this writ-application, the writ-petitioner, Sarpanch of Gram Panchayat of village Sandiya has prayed for issue of a writ of prohibition directing the respondent-Collector not to grant land from gauchar land of the said village to any other person.
It appears from the record that for the purpose of two different projects, people of that area were rehabilitated in Sandiya village. The grievance of the writ-petitioner is that those persons have been rehabilitated in gauchar land of the said village.
After hearing the learned counsel for the parties and after going through the affidavits used by the parties, we find that the selfsame petitioner, by his letter dated January 12, 2011 had written to the Collector of District Banaskantha, claiming 25 Acres of land for the purpose of gauchar land of the District. It appears that pursuant to such request, the concerned Collector has already alloted 30 Acres of land for the purpose of gauchar.
Such being the position, we find no substance in the contention of the petitioner that interest of the village will be affected in any way by the rehabilitation proposed by the government.
Lastly, learned advocate for the writ-petitioner contended that in the land in question, instead of rehabilitation of the displaced persons, some builders are permitted to construct buildings.
In such circumstances, we dispose of this writ-application by directing the concerned authority to see that except displaced persons, no other persons are given rehabilitation in the land of the said Panchayat. The persons who would be allotted the land, should not transfer their land without the permission of the Collector.
With the above direction, the application is disposed of.
This order will govern Special Civil Application No. 4358 of 2011, where the subject-matter is the same.
[BHASKAR BHATTACHARYA, ACTING CJ.] [J.B.PARDIWALA, J.] pirzada/-
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