( 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 Notifications of the Government of India issued in 1982, as also the provisions of the Gujarat Panchayats Act, as well as the Constitutional provisions of Articles 14, 19, 21, 38, 48a and 51a. A direction is sought on the respondent authorities to take over the said land from the respondent No. 7 and restore it to its original natural condition. A direction is also sought on the respondent authorities to hand over the land in question to the petitioner Gram Panchayat for its administration and public use and to allow the people of the village to put it to its original use. A further direction is sought on the respondent No. 7 institution to pay the cost for the restitution of environment and ecology of the land in question and to pay `pollution fines. In the alternative, a direction is sought on the State authorities to `de-regularise the encroachment and the unauthorised structures thereon and transfer and alienate the same in favour of the petitioner Gram Panchayat for its use. Prayer for appointment of an expert committee to study the issue and placing its report before the High Court for guiding the High Court, was also made in the petition.

( 2 ) BY its resolution dated 9. 9. 1996, the State Government regularised the encroachment of 9,332 sq. meters of land which was occupied by the respondent No. 7 - Bochasanwasi Shri Akshar Purushottam Sanstha. According to the petitioner, the encroachment was made by the respondent No. 7 by constructing thereon without any authority, the Swaminarayan temple, air-condition Sant Avas, a huge `sabha Khand, kitchen, store-rooms, library, garrage and staff quarters within 500 meters of High Tide Line, particularly within 200 meters of High Tide Line which is `no development zone, in Revenue Survey No. 110 of Kosamba village, which is situated on the sea-coast. According to the petitioner, the area lies between the sea-coast of Arabian sea and the creek known as Vanki river. 2. 1 it is the petitioners case that Kosamba village is situated in the district of Valsad near Tithal, which is a place known for its beautiful beach on the Arabian coast. It is stated that as the sea-shore of the Kosamba is not exploited, its outstanding beauty, particularly that of the beach, has remained intact. It is also stated that the sea-shore of Kosamba village is far more beautiful than the sea-shore of Tithal. There is a common coast line and a road connecting Kosamba village with Tithal village, which is 2 K. M away. Valsad is about 4 K. M far from Kosamba. Kosamba is inhabited predominantly by fishermen and its population is around 10,000 according to the petitioner. It is stated that the people of the village are believers in Lord Shiva, but in the last decade some sects and denominations of Hindu religion have made inroads. It is stated t