Gujarat High Court

Collector must ensure removal of encroachments and rectification of revenue record anomalies to preserve village Gauchar land.

VELABHAI JESINGBHAI HADGADA (BHARVAD) vs THE STATE OF GUJARAT

Gujarat High CourtJUDGMENT: July 17, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners filed a Public Interest Litigation (PIL) alleging illegal encroachments on Gauchar (grazing) land in Village Bodi, District Botad, specifically across Survey Nos. 247A/1, 247B, and 247C.

Source reference: para. 1

In response to a court order dated 30.01.2026, the Collector constituted a revenue team to conduct a joint measurement and verify the status of the land against Form 7A records.

Source reference: para. 2

The inspection, carried out in February 2026, confirmed agricultural encroachments and identified discrepancies between current site measurements, District Survey Officer records from 1971, and revenue records (Forms 7A and 8A).

Source reference: para. 3-5
02

Issues

1. Whether there are unauthorized encroachments on the Gauchar land of Village Bodi requiring judicial or administrative intervention.

Source reference: para. 1, 3

2. Whether the discrepancies between physical measurements on-site and the historical revenue records necessitate formal rectification under the law.

Source reference: para. 5
03

Law Applied

Gujarat Land Revenue Code, 1879, and the rules framed thereunder, specifically regarding the maintenance of revenue records and the rectification of anomalies in land surveys.

Source reference: para. 5

The administrative obligations of the District Development Officer and the Collector to preserve Gauchar land and remove unauthorized encroachments to maintain the public nature of grazing lands.

Source reference: para. 4, 6
04

Reasoning

The court analyzed the findings presented in the Collector's affidavit dated 10.03.2026. The inspection report established a factual mismatch between the District Survey Officer’s 1971 records and the actual land available on-site.

Source reference: para. 5

The court noted that the Collector had already initiated the necessary administrative machinery by directing the District Development Officer (DDO) to remove agricultural encroachments and instructing the Superintendent of Land Records to submit proposals for rectifying the revenue records.

Source reference: para. 4-5

Since the state authorities had acknowledged the encroachments and the record discrepancies, and had begun the statutory process for correction and eviction, the court determined that the grievances raised in the PIL were being addressed through the appropriate legal channels.

Source reference: para. 6-7
05

Holding

The High Court disposed of the petition, holding that the Collector has already taken appropriate steps for the preservation of the Gauchar land.

The court directed the Collector to ensure that: (i) the removal of encroachments by the DDO is brought to a "logical end," and (ii) the revenue records are formally corrected based on the proposal of the Superintendent of Land Records.

Source reference: para. 7

The petitioners were granted liberty to seek further remedies if the authorities fail to implement these directions.

Source reference: para. 7
Gujarat High Court

Original Court PDF

VELABHAI JESINGBHAI HADGADA (BHARVAD)vsTHE STATE OF GUJARAT

Gujarat High Court · July 17, 2026

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