The Gujarat High Court Friday disposed of two petitions moved by fishermen from two villages in Devbhumi Dwarka, seeking regularisation of their residential premises allegedly on encroached government land, after the petitioners decided to not press for regularisation following the state expressing concerns of national security being breached if it is permitted.
The state, however, assured the court that it will consider representations for rehabilitation made by the fishermen to the state government and decide accordingly.
In January this year, mamlatdar and executive magistrate of Kalyanpur had issued individual notices to residents of the villages of Gandhavi and Navadra for removal of unauthorised encroachment on the sea shore. As many as 69 residents of Gandhavi and 122 from Navadra moved the HC seeking regularisation of their constructions under a 1981 circular that envisaged providing ‘gamtal’ land to fishermen of the village residing in hutment near the seashore.
The state in an affidavit filed through the district collector MA Pandya dated February 16 opposed the petition, citing letters by ADGP (Intelligence), Gandhinagar, of April 5, 2022 and August 1, 2022, to Devbhumi Dwarka Collector, asking the latter to take appropriate action to remove the encroachments.
The August 1, 2022 letter notes that meetings are held every three months under the chairmanship of Dwarka collector with coastal security agencies.
The petitioners submitted before the court Friday that given the issue of national security as has been mentioned by the state, and following detailed discussions with the petitioner-fishermen, who are “law abiding, peaceful citizens of India and with a view to show their love, respect and patriotism towards our country, they have decided to cooperate with the notice”.
The court of Justice Nirzar Desai recorded in its order, “All the petitioners are ready and willing to remove the alleged illegal construction done on government land… petitioners are fishermen and therefore considering their overall circumstances, they would like to make a representation to state government for their rehabilitation… the state government may be directed to consider it positively.”
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