(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) The matter relates to burial ground. The request for regularization of occupation of public land admeasuring 36 gunthas at Veraval having been finally decided against the petitioner-trust by revisional order dated 02.07.1991, the petitioner-trust preferred the writ petition. Learned Single Judge by the impugned order dated 24.08.2009 while dismissed the writ petition in absence of any merit, allowed the petitioner-trust to move before the State Government to consider the request of the petitioner-trust for grant of land on the basis of prevailing policy.
2. We have heard Mr. A.J. Shastri, counsel for the petitioner, Mrs. Krina Calla, A.G.P. for respondents nos. 1 to 3 and Mr. Jitendra M. Patel for respondent no.4. The only plea taken by the petitioner-trust is that Sanad has already been issued in its favour, which is yet not cancelled, and therefore the authorities ought to have regularized the occupancy.
3. It is not in dispute that the occupation of the land in question was unauthorized initially, and therefore they asked for regularization. In view of the objection made by the 4th respondent, taking into consideration the facts and circumstances, it was cancelled. As the petitioner-trust has no right over the land, learned Single Judge has rightly upheld the order and refused to grant any relief to the petitioner.
4. It is not in dispute that members of the community, for whom the petitioner-trust is created, may require additional land for graveyard and for some religious activity. For that, if there is a policy decision of the State, petitioner-trust can make a request. It is for this reason we find that the learned Single Judge has allowed the petitioner-trust to move before the State Government with liberty to Government to consider the request on the basis of the prevalent policy. The petitioner-trust may take advantage of the said observation and may approach the State Government. The Letters Patent Appeal stands disposed of with the aforesaid observations. No costs.
(S.J.
MUKHOPADHAYA, C.J.) (ANANT S. DAVE, J.) [sn devu] pps Top