SCA/8370/1997 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8370 of 1997 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ============================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ============================================= DHUVA GRAM PANCHAYAT - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ============================================= Appearance : MR SP MAJMUDAR for Petitioner(s) : 1, MS REETA CHANDARANA ASST GOVERNMENT PLEADER for Respondent(s) : 1 - 4. ============================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 21/10/2008 ORAL JUDGMENT The petitioner – Dhuva Gram Panchayat in the present petition has questioned the decision of the Government in seeking to rehabilitate certain villages which were uprooted on account of the proposed project of Deesa Air Field. The case of the petitioner is that the Gauchar land of SCA/8370/1997 2/3 JUDGMENT the village Panchayat was sought to be used for such rehabilitation by the Government and the Panchayat had serious objection to the same. At this stage, it is not necessary to examine the legal contentions of the petitioner. The petition remained pending before this Court for more than ten years and interim protection was granted to the petitioner. The proposal for rehabilitation of the outstees by utilizing the land of the petitioner Gram Panchayat, therefore, did not materialize. Over the period of time, the present situation might have undergone material changes, it would, therefore, not be appropriate on the part of the Government also to go ahead with the proposal unmindful of the changes that might have taken place in the mean time. Whether presently there is any need of rehabilitation of any of the outstees who are yet to be rehabilitated, and whether any other land is available, etc. are the questions which shall have to be examined before taking a final decision in this regard. Under the circumstances, the Special Civil Application is disposed of directing that if after examination of the present situation the Government desirous to use any land assigned to the petitioner village Panchayat for the purpose of rehabilitation of any of the outstees, the same shall be done after giving reasonable opportunity of being heard to the petitioner in this regard. It is made clear that the Government will not act on the impugned decision. With the aforesaid direction, the Special Civil Application is disposed. SCA/8370/1997 3/3 JUDGMENT Rule is discharged. ( Akil Kureshi, J. ) kailash, p.s.