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1999 Supreme(Guj) 533

R.K.ABICHANDANI, D.H.WAGHELA
KOSAMBA GRAM PANCHAYAT – Appellant
Versus
STATE – Respondent


Advocates Appeared: AKSHAY H.MEHTA, Anand Yagnik, DHAVAL C.DAVE, GIRISH PATEL, JAYANT PATEL, N.V.Anjaria, S.N.SHELAT, V.M.PANCHOLI

R. K. ABICHANDANI, J.

( 1 ) THE petitioner Gram Panchayat has, in this petition, challenged the Resolution of the State of Gujarat, dated 9. 9. 1996 at Annexure "n" to the petition, and the consequential order made by the respondent No. 4 Collector on 31. 12. 1996 at Annexure "p" to the petition, by which the respondent No. 7, which is a religious institution, was granted land admeasuring 9,332 sq. meters from survey No. 110 part of village Kosamba in Valsad District, by regularising the encroachment on the land in question. The challenge against these orders is made on the ground that they are issued in violation of the provisions of Sections 37, 38, 61 and 62 of the Bombay Land Revenue Code and Rule 42 of the Gujarat Land Revenue Rules, 1972, and that they also violate the Coastal Regulation Zone Notification issued by the Ministry of Environment and Forests on 1 9/02/1991, as amended on 9. 7. 1997 as well as the Coastal Zone Management Plan of Gujarat, framed under Section 3 (2) (v) of the Environment Protection Act, 1986, on 27th September, 1997. The impugned orders are also challenged on the ground that they violate the Government Resolution dated 30/01/1989 and the Notificatio








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