High Court of Gujarat
DAHYABHAI BHALABHAI CHARANversusSTATE OF GUJARAT
- Decided
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- NIRZAR S DESAI
Holding
The court permitted the petitioners to make a fresh representation to the Gram Sabha and disposed of the petition without addressing the substantive claims.
Summary
The petitioners, Dahyabhai Bhalabhai Charan and others, filed a special civil application against the State of Gujarat seeking to quash notices and an order that declared them "unauthorized occupants" and directed eviction, and to have them recognized as forest dwellers under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 with rights under that Act and the Land Acquisition Act, 1894. The petitioners later indicated a desire to make a fresh representation before the Gram Sabha of Bamroli Village Gram Panchayat and, if successful, to forward the resolution to the appropriate authority. The Court, without examining the substantive merits, granted permission for the petitioners to approach the Gram Sabha and directed the Gram Panchayat to act on any representation received. Consequently, the petition was disposed of without a merits decision, and direct service was permitted.
Issues considered
- Whether the petitioners are "unauthorized occupants" subject to eviction.
- Whether the petitioners qualify as "forest dwellers" under the Forest Rights Act, 2006.
- Whether the petitioners have rights under the Land Acquisition Act, 1894.
- Whether the petitioners may be permitted to make a fresh representation to the Gram Sabha before any further relief is considered.
Legislation cited
Subjects
- Forest Rights Act
- Land Acquisition Act
- unauthorized occupants
- Gram Sabha
- special civil application
- Gujarat High Court
- petition disposal
Judgment
C/SCA/10576/2026 ORDER DATED: 31/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10576 of 2026
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DAHYABHAI BHALABHAI CHARAN & ORS.
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR BK OZA(516) for the Petitioner(s) No. 1,2,3,4,5,6
VAIBHAV SHARMA AGP for the Respondent(s) No. 1,2,3,4,5,6
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 31/07/2026
ORDER
1. Heard learned advocate Mr.Oza appearing for the
petitioners and learned Assistant Government Pleader Mr.
Sharma appearing for the respondents.
2. By way of this petition, the petitioners have prayed
for following relief :-
“A. Your Lordships may be pleased to
quash and set aside all notice.
B. Your Lordships may be pleased to
quash and set aside the Order dated
06.11.2025 passed by Respondent No.3
Deputy Collector, Land Acquisition,
Rehabilitation & Resettlement, Kadana
Project & Other Schemes, Panchmahal,
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C/SCA/10576/2026 ORDER DATED: 31/07/2026
Godhra declaring the petitioners as
"unauthorized occupants" and directing
eviction.
C. Your Lordships may be pleased to
direct to Respondent No.2 to declare that the
petitioners are "Forest Dwellers" within the
meaning of The Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 and are entitled to
all rights under the said Act.
D. Your Lordships may be pleased to
direct to Respondent No.2 to declare that the
petitioners have rightful possession over the
land in question since 1982 as protected
beneficiaries under FRA 2006 and the Land
Acquisition Act, 1894.
E. Your Lordships may be pleased to pass
such other and further orders as may be
deemed fit and proper in the facts interests
of justice.
3. At the outset, learned advocate Mr. Oza states that
at this juncture instead of pressing this petition any further,
the petitioner wants to make a fresh representation to the
Gram Sabha of Bamroli Village Gram Panchayat of Panchmahal
District and in turn, if the Gram Sabha passes any resolution
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C/SCA/10576/2026 ORDER DATED: 31/07/2026
in favour of the petitioners, to place it before appropriate
authority in accordance with law.
4. In view of above, permission as prayed for is
granted. The petitioner is directed to make a fresh
representation to the Gram Sabha of Bamroli Village Gram
Panchayat, and the concerned Village Panchayat is directed to
do the needful in case if any representation is received from
the petitioners.
5. With the above direction, without entering into the
merits of the matter, the petition is disposed of. Direct Service
is permitted.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 31/07/2026 16:21:41
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