IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) NO. 1 of 2013 With CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2013 In R/WRIT PETITION (PIL) NO. 1 of 2013 =============================================

FAROOK SHAIKH Versus STATE OF GUJARAT & ORS.

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Appearance:

WPPIL No.1 of 2013 MR BJ TRIVEDI, ADVOCATE for the Applicant(s) No. 1 MR AMAN A SHAIKH, ADVOCATE for the Applicant(s) No.1 MR GH VIRK, GOVERNMENT PLEADER assisted by MS DHARITRI PANCHOLI, AGP for the Opponent(s) No. 1 MR MUKUL ROHATGI, SENIOR ADVOCATE with MR MIHIR JOSHI with MR KEYUR GANDHI, ADVOCATE with MR RAHEEL PATEL, ADVOCATE with MS SHIVANI GADHAVI, ADVOCATE for GANDHI LAW ASSOCIATES(12275) for the Opponent(s) No. 2 MR ANKIT SHAH(6371) for the Opponent(s) No. 3 Civil Application No.1 of 2013 MR BJ TRIVEDI, ADVOCATE for the Applicant(s) No. 1 MR AMAN A SHAIKH, ADVOCATE for the Applicant(s) No.1 MR GH VIRK, GOVERNMENT PLEADER assisted by MS DHARITRI PANCHOLI, AGP for the Opponent(s) No. 1 MR MUKUL ROHATGI, SENIOR ADVOCATE with MR MIHIR JOSHI with MR KEYUR GANDHI, ADVOCATE with MR RAHEEL PATEL, ADVOCATE with MS SHIVANI GADHAVI, ADVOCATE for GANDHI LAW ASSOCIATES(12275) for the Opponent(s) No. 2 MR P.S. CHAMPANERI for Respondent(s) No.3 =============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MS. JUSTICE VAIBHAVI D.

NANAVATI Date : 06/03/2026

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The present petition, in the nature of a public interest litigation, has been filed with the following main reliefs :- “[B] Your Lordships may be pleased to issue a writ of Mandamus or a writ in nature of Mandamus and/or any other appropriate writ/s, order/s, and/or direction/s and thereby quashing and setting aside allotment on forest land by the state government for land admeasuring 2,07,60,000 sqr. mtrs of forest land situated at Village Hazira (Suvali), Taluka Choryasi, District Surat being Survey No. 434/A/1 and further be pleased to demolish the construction which has already been taken place on the said forest land and further be pleased to direct the state government to continue with those four Criminal cases filed and the same may be prosecuted.

(C) Your Lordships may be pleased to issue a writ of Mandamus or a writ in nature of Mandamus and/or any other appropriate writ/s, order/s, and/or direction/s and thereby direct the respondents to produce on record the order of allotment of land admeasuring 2,07,60,000 sqr. mtrs of forest land situated at Village Hazira (Suvali), Taluka Choryasi, District Surat being Survey No. 434/A/1 in favour of respondent No. 2 herein and quash and set aside the same by holding and declaring that to be illegal and arbitrary and further be pleased to direct the Secretary, Forest & Environment Department to take the possession of the forest land from respondent No. 2.

(D) Pending hearing and final disposal of this petition your lordship may be pleased to stay and suspend implementation, execution and operation of the order of allotment of land admeasuring 2,07,60,000 sqr. mtrs of forest land situated at Village Hazira (Suvali), Taluka Choryasi, District Surat being Survey No. 434/A/1 issued in favour of respondent No. 2.

(E) Such other and further relief/s as may be deem just and proper in the facts and circumstances of the case may please be granted in favour of the petitioner in the interest of justice.”

2. And had been disposed of vide judgment and order dated

03.05.2013, with the following observations :-

“46. We are of the view that it is ultimately for the Central Government to take an appropriate decision in the matter and we should not usurp its jurisdiction. All that we have decided in this petition is that the Central Government will have the jurisdiction to consider the proposal forwarded by the State Government. How to consider, what to consider and what should be the ultimate decision is left best