- (1.) The petitioners, who are 154 in number, have filed present petition under Article 226 of the Constitution of India, challenging the notices dated 09.09.2014 issued by respondent no.4 Taluka Development Officer, Kalol, copies whereof are annexed at Annexure A (Collectively), wherein it is stated that the petitioners have violated Panchayat laws by making encroachment and as per the oral order made by Hon'ble High Court in Special Civil Application No.2425 of 2014, Special Civil Application No.4123 of 2014 and Writ Petition (PIL) No.6 of 2013, they are given hearing. By such notices, they are asked to remove encroachment from the Panchayat land within 7 days or to face action under Section 105 (7) and (8) of the Gujarat Panchayat Act, 1993 (for short 'the Act') for removal of encroachment. With the notices, the petitioners are also provided separate reasons for not accepting evidence produced by them during hearing.
(2.) As can be seen from one of the copies of notice and the reasons provided to the petitioners, the petitioners are alleged to have made encroachment on the land bearing block no.825 Paiki situated in village Rancharda Gram Panchayat.
(3.) The case of the petitioners is that the petitioners have their huts in the area known as Amrapur and Thakorvas on the land bearing survey no.825 and have been paying electricity bills and panchayat taxes regularly. They also hold ration cards, aadhar cards and election identity cards. It is averred in the petition that most of the petitioners have been staying with their families prior to 1995. It is their further case that Gram Panchayat passed resolution dated 15.03.1999 pursuant to the order made by the Collector dated 21.09.1998 and the letter of Taluka Development Officer, Kalol dated 10.12.1998 to regularize their occupation stating that Gram Panchayat had no objection if encroached land is regularized on payment of necessary price by divesting the encroached land from Gauchar head to Gamtal head. However, the petitioners were issued with the notices in the month of February 2014 directing them to remove their encroachment and therefore, they had filed petition being Special Civil Application No.2425 of 2014 and Special Civil Application No.4123 of 2014 before this Court and thereafter, one PIL being PIL No.6 of 2013 was filed. Such notices were set aside and direction was given to afford opportunity of hearing to the petitioners.;