Girdharbhai Alabhai Vaghela vs State Of Gujarat & 15 Others

Anant S. Dave, J

1 The petitioner has filed this Writ Petition (PIL), with the following main prayers:

“[A] YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order

or directions quashing and setting aside Land ReÂsurvey of Jamnagar and Devbhoomi Dwarka Districts as per the Jamnagar District Project

considering the report dated 09.02.2017 (At AnnexureÂV) and 16.02.2017 (At AnnexureÂX) and further be pleased to direct the concerned

respondent authorities to undertake fresh reÂ​survey of Jamnagar and Devbhoomi Dwarka Districts as per the ReÂ​survey Manual â€" 2012;

[B] YOUR LORDSHIPS may further be pleased to issue a writ of mandamus or a writ in the nature of mandamus or nay other appropriate writ,

order or directions directing inquiry and actions Civil as well as Criminal) against the concerned erring officers of the respondent authorities /

companies who are responsible for the illegal reÂsurvey of Jamnagar and Devbhoomi Dwarka districts and further be pleased to direct that such

concerned erring officers / persons shall bear the cost of reÂsurvey and further be pleased to direct respondent no.16 to investigate the complaint of

the petitioner (At AnnexureÂW) and submit a report to this Hon'ble Court and also be pleased to direct Responded no.1 to submit the report on the

complaints / representations of the petitioner (At AnnexureÂ​W, Y and Z);

[C] During pendency and Final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct respondent no.16 to investigate the

complaint of the petitioner (At AnnexureÂW) and submit a report to this Hon'ble Court and also be pleased to direct Respondent no.1 to submit the

report on the complaints / representations of the petitioner (At AnnexureÂ​W, Y and Z);â€​

2 In this petition, Deputy Director, Land Records, Rajkot filed affidavit in reply dated 09.02.2018 on behalf of respondent No.2, wherein it was

submitted that the reÂsurvey project is carried out in various stages viz. [a] Pre Survey, [b] Survey, [c] Objections & Adjudication, [d] Record

Scrutiny & Record Preparation, [e] Notification & promulgation, and [f] Post promulgation objection redressal and accordingly in Jamnagar and

Devbhoomi Dwarka districts, 27,913 and 9,458 objections were received and such objections were resolved. Further, upon resolving initial objections

as above, post scrutiny and approval of the records were sent to the Prant Officer within the subject districts for promulgation as provided under the

Gujarat Land Revenue Code and the Rules made thereunder and by circular dated 14.03.2016 the State Government has evolved post promulgation

objections redressal mechanism and as per the above circular also objections were received, which were also resoled, but 1,421 and 733 objections

remained pending with the Districts of Jamnagar and Devbhoomi Dwarka respectively. Along with the above, it is submitted that the District Revenue

Authorities have undertaken reÂ​survey of Gauchar land and other requirements are required to be followed.

3 However, a rejoinder was filed by the petitioner wherein certain lacunas were pointed out and further inquiry is to be made in re survey project by

reÂ​survey agency and accordingly appropriate measures are to be taken.

4 Now, further affidavit in reply dated 09.70.2019 is filed by the Deputy Director Land Records, Rajkot on behalf of respondent Nos.3 and 4, wherein

details are provided about reÂ​survey undertaken after promulgation as on 02.07.2019 and in para 3 thereof, it is averred as under:

“3. In this regard as per the 18 that were being raised by the petitioner, the respondent authorities are in the process of reÂsurvey of land located

at Jamnagar and Devbhoomi Dwarka. The objections of the petitioner with regard to promulgation and measurement were taken into consideration by

the respondent authorities and if found correct then appropriate entries with regard to promulgation and measurement were entered into revenue

records. It is further submitted before this Hon'ble Court that the objection of the petitioner with regard to measurement of land were taken into

consideration by the respondent authorities and by applying techniques like Digital Global Position Survey (DGPS) were adopted by the respondent

authorities. It is further submitted before this Hon'ble Court at the time of reÂsurvey and measurement of land all the stake holders including the

individuals whose lands are measured are informed in advanced and the measurement is being carried out in their presence. A statement showing a

details of reÂsurvey at District : Jamnagar and DevbhoomiÂDwarka along with the details of objections received and processed thereof is annexed

hereto and marked as AnnexureÂ​R1 (Colly.).â€​

5 Having heard learned counsels for the parties and on perusal of the record of the case, we noticed that the authority concerned has undertaken an

extensive exercise pursuant to re survey project of the land, revenue land and other lands in the districts of Jamnagar and Devbhoomi Dwarka and

we find at this stage that no further monitoring is necessary. However, it will be open for the petitioner to to take appropriate steps in accordance with

law, if any grievance still exists.

With the aforesaid, this Writ Petition [PIL] stands disposed of.