'You Have No Rights': In Saturday Night Hearing, Gujarat HC Pulls Up Land Grabber Seeking Time To 'Lift' Encroachment Using Modern Tech

In a special Saturday hearing held at 9:30 PM, the Gujarat High Court pulled up an applicant involved in land grabbing for moving an urgent application seeking extension of time to "lift" the encroachments using hydronic lifting technology from government land.

Presiding over the matter, Justice Nirzar S Desai said that in cases of pressing urgency Courts are open even at midnight "but for land grabbers don't think that merely by showing the urgency court will grant indulgence. This mindset carried by the people who encroach upon government land must be thrown out of their mind."

“Not this much time, within a week at the most. Let these happen. You're an encroacher, you have no rights…Proceedings under the Land Grabbing Act are going on. You can't ask for 60-90 days' time...Did you seek permission before doing all this? Why do all nice thoughts come only after the court dismisses your LPA? Why at the first instance despite knowing fully well that you're an encroacher why this offer had not come? What do you think by requesting the Court to hear your matter at 9:30 the court will grant you permission? You will have to do it within a week if you wish to do otherwise I'm not inclined to hear,” Justice Desai sternly remarked.

On 10th January, a Division bench of the High Court had ordered the applicant to approach the revenue authority however, it failed to do so. On 19th January it was served with a notice to which the applicant responded only on 23rd February. Even in that reply, the applicant had not denied that it is not an encroacher. "There must be a limit to illegality. Don't expect any sympathy from the court. You are a land grabber,” Justice Desai said.

The counsel urged that the technology will hep them preserve the 3 storey building which has 30 shops and a hotel. The entire structure would be lifted and shifted to the applicant's land, he said.

Unconvinced, the bench said, “Why do you expect sympathy from the court? Let it be demolished today itself. Merely because the Court is inclined to show some indulgence and grant you a week's time, you want 3 months time? Since how long are you aware that these proceedings are going on?...Why at the end when you see a bulldozer right in front of the illegal encroachment, why this nice thought come that you want to remove it on my own? I want to shift in my own premises. Why? What do you think? The courts are powerless? Why do you presume that authorities or courts will hold in your favour though you are a land grabber?”

The counsel then informed the court that on 13th March, the revenue authority had granted it permission to remove the encroachment in 15 days.

Justice Desai thus permitted the application to be withdrawn.

Case No.: MISC. CIVIL APPLICATION (FOR EXTENSION OF TIME) NO.1 of 2024 In R/SPECIAL CIVIL APPLICATION NO.4145 of 2024

Case Title: GOVINDBHAI RAMJIBHAI SAVANI Versus THE STATE OF GUJARAT & ORS

LL Citation: 2024 Livelaw (Guj) 27

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