The Gujarat High Court has disposed of a Public Interest Litigation (PIL) petition challenging the allotment of gauchar land for the construction of a substation and staff quarters by the Gujarat Energy Transmission Corporation Limited (GETCO).
The petitioners, who are residents of Village Pariya, District Surat, claimed the allotment of gauchar land would cause prejudice to the villagers.
The Division Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi observed that the petitioners had failed to provide crucial information regarding the alternative land allotted in lieu of the gauchar land.
The court noted that the Collector had allocated alternative land, but the petitioners had not provided any details about the location, distance, or area of the alternative plot.
The court held that the petitioners’ challenge to the decision of the Collector under Sections 38 and 39 of the Gujarat Land Revenue Code, 1879, was misconceived.
However, the court directed the petitioners to approach the Collector with their grievances, who would then be obligated to address their concerns and pass a speaking order within four weeks.
The court disposed of the petition, leaving it open for the petitioners to file a representation before the Collector, raising specific issues regarding the allotment of alternative land.
The Collector was directed to deal with the objections raised by the petitioners and pass a reasoned order in accordance with the law.
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