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NIRZAR S. DESAI
Umatiya Hasambhai Nurjibhai – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. RULE. Learned AGP Mr. Nikunj Kanara waives service of notice of rule for and on behalf of the respondent – State.
2. By way of this petition, the petitioner has prayed for quashing and setting aside the order dated 06.02.2014 passed by the Collector, Banaskantha in N.K./JAMAN/3/Vashi.no.7748 to 7753 as well as the order dated 18.06.2016 passed by the Special Secretary, Revenue Department (Appeals) in Revision Application No. MVV/JAMAN/BANAS/25 of 2014 confirming the order passed by the Collector, Banaskantha and rejecting the revision application of the petitioner for regularization of encroachment of the land in question.
3. Heard learned advocate Mr. S. P. Majmudar with learned advocate Mr. Shagun Choksi for the petitioner and learned AGP Mr. Nikunj Kanara for the respondent – State.
4. It is the case of the petitioners that the petitioner is in possession in respect of land bearing Survey No. 267 paiki, Taluka: Danta, District : Banaskantha admeasuring 1 acre 20 gunthas and the said land is located on the boundary between village : Panjarpur, Village: Ganchherani and Village: Hedo. The said land is encroached upon by the petitioner and the petitioner is the original ow
Encroachers cannot claim regularization of land as a matter of right; discretion lies with the Collector to evaluate hardship based on existing land holdings.
Limited scope of review applications and the need for compliance with government policies and regulations regarding encroachments on government land.
The Deputy Commissioner's order on land regularization is binding and cannot be revisited by administrative authorities once finalized.
Encroachment on government land cannot be regularized under Article 226 without meeting legal criteria, emphasizing that delay and lack of eligibility undermine claims for land tenure.
Regularization of unauthorized occupation of government land cannot be claimed as a matter of right, especially when public interest is involved, and applications must be evaluated based on the law i....
Unauthorized occupation of government land cannot create rights, and mere communal use does not justify settlement under the OPLE Act, especially when the land is earmarked for public developmental p....
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