Approach Concerned Authority: Gujarat High Court To Litigant Seeking Action Against Encroachment Of Village Graveyard

The Gujarat High Court has disposed of a Public Interest Litigation (PIL) seeking action against alleged illegal encroachment on a piece of land allotted for the graveyard in Banaskantha district of Gujarat.

The division bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav took note of the submission made by Taluka Development Officer, Dhanera Taluka Panchayat, that a notice has been issued to several persons with regard to alleged encroachment. 

The petitioner organisation had filed the petition seeking appropriate directions to the State of Gujarat to take necessary action against the illegal encroachers.

In response to the notice issued by the court, the Taluka Development Officer filed an affidavit-in-reply along with a copy of the notice issued to several persons with regard to the alleged encroachment.

However, the petitioner contended that some of the persons who have allegedly put up construction on the land in question have not been served with similar notices.

While disposing of the PIL, the court said,

“In view of the above development, we do not find any reason to keep this Public Interest Litigation pending. However, if any grievance is there with regard to those persons against whom notices have not been issued by respondent No.3, the petitioner may approach the concerned authority within a period of one week. The respondent may take appropriate action in the matter. It is expected that the authority concerned shall proceed with the notice in accordance with law and expeditiously.”

However, the court also made it clear that it has not gone into the merits of the case or the rights of the persons who have allegedly occupied the land in question.

Case Title: Shri Sundarpuri Yuvak Pragati Mandal Through its President Patel Ajabhai Gokhlabhai vs. State Of Gujrat R/Writ Petition (PIL) No. 187 of 2020

Case Citation: 2023 Livelaw (Guj) 62

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