The Gujarat High Court dismissed a Public Interest Litigation (PIL) seeking direction of the Court for declaring the action of the respondent authorities in allotment of Gauchar lands as illegal by quashing the proceedings concerning the revenue survey numbers.
The PIL filed by one Zala Yashpal Singh Pravinsingh further seeks direction to the authorities to secure the lands for the purpose of Gauchar and put it to use for Gauchar purpose only.
On a query made by the Court, counsel for the petitioner submitted that respondents are allottees of the Gauchar land though there is no details of the plots allotted to them. The description of respondents in the array of parties is also incomplete.
The Division Bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee further noted that the land was allotted to Kendriya Vidhyalaya in the year 1990. The allotments are of the year 1993. However, there is no detail as to whom the said land had been allotted. With respect to Revenue Entry No.2201 of the year 1994 there is no mention of allotment to any private person.
A portion of Revenue Survey No.122 has been utilized for construction of State Highway. The mutation entry of the year 1995, as per the case of the petitioner shows the change of use of Gauchar land as Government waste land. There are descriptions with regard to mutation entries of the year 1992, 1995, 1996, 1997 and 1999 and further in the year 2016-17 and onwards.
However, the Bench noted that there is no detail of allotment of Gauchar land to some private persons nor any of them have been impleaded herein.