Point of Law: Allotment of the Gauchar land for the dumping site would not amount to violation of fundamental right under Article 21 of the Constitution of India as contended by the petitioners because the respondent Nos.3 and 4 are utilizing the land in question for disposal of the solid waste according to the Rules, 2000 and if the petitioners have any grievances with regard to the disposal of the solid waste is concerned, the litigation is pending before the NGT.

JUDGMENT :

Heard learned advocate Mr.Bhushan Oza for the petitioners, learned Assistant Government Pleader Mr.Ishan Joshi for the respondent Nos.1 and 2, learned advocate Mr.Mehul Rathod for the respondent No.3 and learned advocate Mr.Amit Patel for the respondent No.4 through video conference.

1. Rule. Learned Assistant Government Pleader Mr.Ishan Joshi waives service of notice of rule for respondent Nos.1 and 2, learned advocate Mr.Mehul Rathod wavies service of notice of rule for respondent No.3 and learned advocate Mr.Amit Patel waives service of notice of rule for respondent No.4.

2. By this petition under Article 227 of the Constitution of India, the petitioners have prayed for the following reliefs:

“(A) To issue a writ of mandamus or a writ in the nature of mandamus or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 22.07.2015 passed by the Learned Secretary (Appeals), Revenue Department in Revision Application No.MVV/JMN/BNS/04/2014 confirming the order dated 10.12.2013 of the Collector, Banaskantha bearing No.A.Jamin.2./Remand Case No.10/1112 allotting 10 acres of land admeasuring Survey No.727/P/ 1 of village Juna Deesa for the ressons stated in the Memo of the Petition;

(B) Pending admission, hearing and final disposal of the above Special Civil Application, to stay the execution, implementation and operation of the impugned orders dated 22.7.2015 passed by the Learned Secretary (Appeals), Revenue Department in Revision Application No.MVV/JMN/BNS/04/2014 confirming the order dated 10.12.2013 of the Collector, Banaskantha bearing No.A.Jamin.2./Remand Case No.10/1112 allotting 10 acres of land admeasuring Survey No.727/P/ 1 of village Juna Deesa for the reasons stated in the Memo of Petition;

(C) To grant adinterim and interim relief in terms of Para9 (B) hereinabove for the reasons stated in the Memo of the Petition.

(D) The Hon’ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require.

(E) To award the cost of this petition.”

3. Having regard to the controversy in narrow compass and with consent of the learned advocates for the respective parties, the matter is taken up for hearing.

4. Brief facts of the case are as under:

4.1. The Collector, Banaskantha vide order No.A/Jamin/2/Vashi/N.P.Ghan Kachara Vashi.6252 to 61 dated 29.12.2003 directed to resume the Government the Gauchar land admeasuring 10 acres of Survey No.727/P/1 of the village Juna Deesa from the panchayat without any compensation and allotted the said land to Deesa Nagarpalika for the disposal of the solid waste.

4.2. Against the aforesaid order of the Collector, Banaskantha, the village people of Juna Deesa had preferred Revision Application before the Secretary (Appeals) Revenue Department (for short ‘SSRD’), being Revision Application No.37/2004. The SSRD vide order bearing No.JMN/BNS/37/2004 dated 13.05.2011 partially quashed and set aside the said order and remanded the matter to the Collector, Banaskantha at Palanpur.

4.3. Thereafter the Collector, Banaskantha, once again vide order dated 10.12.2013 reiterated his previous order after hearing the people of village Juna Deesa.

4.4. Being aggrieved by the said order, the people of village Juna Deesa, preferred Revision Application before the SSRD being Revision Application No.MVV/JMN/BNS/4/2014. The village people had filed the said Revision Application in the nature of Public Interest Litigation and accordingly, it was so stated in the causetitle of both the revision applications of the year 2004 as well as 2014. The SSRD vide his order dated 4/5.6.2014 granted stay of the execution of the order passed by the Collector, Banaskantha.

4.5. During the pendency of the aforesaid Revision, the Deesa Nagarpalika had started violating the order of statusquo and therefore Sarpanch of Juna Deesa had made representation to the Collector on 14.07.2014 that despite the order of the