Jamnagar Dt 23: An accused had resorted to the High Court to seek anticipatory bail after the police started using the Land Grabbing Act against the accused who had encroached on government land in Dared, Jamnagar. The court has ordered not to take him into custody. This is the first case under the Land Grabbing Act in Gujarat.
In every village near Jamnagar, Survey No. 20 is one of the new surveys of 181 and 18. Last month, the district collector and the district police chief visited the site after it was reported to the authorities that some Assamese had set up a society by illegally constructing a society on the government land. The plot resulted in the formation of the Paddy Society. He urged the oppressors to remove their pressure within a week or instruct the mechanism to register offenses against them under the Land Grabbing Act.
After that, the police started registering the crime and arrested six Assamese, including Vijay Malani, for colluding with the infamous Jayesh Patel and creating pressure. The accused had entered into separate agreements on stamp paper in their own name and had committed acts including confiscation and sale of land. Some Assamese unauthorisedly built shops, offices, residences. All of them were recently prosecuted under the Land Acquisition Act enacted in the state.
A table of some of the land holders there was also presented. In which plot no. Rajesh Jethabhai Chauhan, the holder of No. 2, had also applied to the state high court seeking anticipatory bail for fear of being arrested by the police in the case. The investigating officer filed an affidavit against the application, alleging that the accused had paid Rs. Unauthorized possession of 100 stamps has been contracted and the case is currently under investigation. Some of the accused are yet to be named.
Along with the above affidavit, it was also argued by the government that if the accused is given anticipatory bail when big land mafias occupy the land by creating false documents of government land and committing scams, other land mafias will also take advantage of it. Against that argument, the counsel for the accused argued that the above land had been acquired by the government in the year 2014 and the petitioner had entered into an earlier agreement and the documents of which had been submitted. The petitioners are middle class, they have amassed the above property at their own discretion, no representations of the petitioners have been heard and there can be no principle of law that the offense is being registered and imprisoned.
The court, after hearing arguments from both the parties, has ordered not to arrest accused Rajesh Jethabhai Chauhan. Advocates Rajesh Gosai, Premal Rachchh, Vishal Jani, Hardev Singh Gohil and Rajinikanth have been suspended on behalf of the accused.