C/SCA/8204/2019 ORDER DATED: 08/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8204 of 2019 ========================================================== CHHOTABHAI GOKALBHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR DHAVAL N VAKIL(3556) for the Petitioner(s) No. 1 MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1 MR AMAN MIR(10881) for the Respondent(s) No. 6 NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 08/05/2025 ORAL ORDER 1. Heard learned advocate Mr.Dhaval Vakil appearing on behalf of the petitioner, learned advocate Mr.Amit Mir appearing on behalf of respondent no.6 and learned Assistant Government Pleader Mr.Nikunj Kanara appearing on behalf of the respondent – State. 2. By way of this petition, the petitioner has sought for a relief inter alia that the part of the land of the petitioner which had been allotted to the GIDC without any acquisition proceedings may be directed to be returned back to the petitioner. Learned advocate has also prayed for a relief with C/SCA/8204/2019 ORDER DATED: 08/05/2025 regard to embankment by the forest department. 3. Insofar as the issue with regard to GIDC is concerned, attention of this Court is drawn to an affidavit by the Regional Manager, GIDC more particularly whereby it is clarified that the agricultural land of the petitioner being survey no.248-119 admeasuring 3-32-86 sq.mtrs. has not been acquired for the purpose of GIDC and whereas, learned advocate Mr.Mir, under instructions, would submit that the even the fencing which has been done by the GIDC upon the land in question has been removed. 4. Learned Assistant Government Pleader Mr.Kanara would also tender a copy of communication by the Mamlatdar and Executive Magistrate, Harij dated 07.05.2025 more particularly confirming the aspect of the land not having been allotted to the GIDC as well as the fencing having been removed. 4.1. Thus, insofar as the aspect with regard to GIDC is concerned, the grievance of the petitioner stands redressed. 4.2. Insofar as the issue with regard to forest department is concerned, since it appears to be a disputed question of fact C/SCA/8204/2019 ORDER DATED: 08/05/2025 as to whether the land is belonging to the forest department or not and whether embankment is in the land of the present petitioner or not, liberty is reserved in favour of the petitioner to take out appropriate proceedings with regard to the same. 5. Having regard to the above observations, nothing further being required to be done by this Court, the petition is disposed of. Liberty to revive in case of difficulty is reserved insofar as the dispute with GIDC is concerned. Direct service is permitted. (NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 08/05/2025 18:13:37