In the instant case, the Hon’ble bench comprising Hon’ble justice Sanjay Kishan Kaul and Hon’ble Justice M.Sundresh in the order observed that “Gouchar land which is grazing land cannot be used contrary to what it is permissible for by any third person including the state government.”
Further, it is observed that “setting aside the order of the high court of Gujarat it is directed that state government must bring the land in conformity with its use by taking appropriate action within a maximum period of three months from the day of this order.”
Moreover, it is stated regarding alternate residence for the people of lower strata occupying the land that “out of 72 people who encroached the said land according to survey only 3 persons are entitled to alternative accommodation them being under below poverty line”
The case herein is an SLP against the order of dismissal by the Gujarat high court where the case before the said court is that there is unauthorized encroachment on the Goucher land of Village Bandhu, Mehsana district, Gujarat belonging to gram panchayat and to seek the removal of such encroachments. but in a reply in an affidavit by those people who have encroached saying that they are from low-income strata of the society and are residing for a number of years and they should be provided alternative accommodation made the high court dismissed the petition on the ground that people who encroached are from low-income strata and cannot be removed immediately.