The illegal construction inside the reserved forest by the Deputy Speaker of Gujarat Assembly Jethabhai Ahir and his NGO has been regularised by the state forest department with the approval of the central government during the pendency of a public interest litigation in Gujarat High Court.
On Monday, the petitioners withdrew the PIL saying that their plea became infructuous in view of the regularisation of the illegal construction. Their lawyer Anand Yagnik informed the court that they will challenge the regularisation before the appropriate forum.
Last year, two Congress leaders from Panchmahal district, Jasvantsinh Solanki and Dushyan Chauhan, had filed the PIL alleging illegal construction carried out by Ahir and his NGO, Aaeeshree Khodiyar Seva Trust, Chandangadh in Panchmahal district in the protected forest.
The petitioners had alleged that Ahir constructed a residential complex by encroaching upon the land in the reserved forest for himself and the trust that he and his family members run. On March 24, the HC issued a notice to the state government, forest department, Ahir, among other respondents.
During the pendency, Ahir filed a reply informing the court that the construction was part of the renovation of a 250 years old temple located inside the forest land where the number of pilgrim influx has increased over the years. The temple is managed by Ahir’s NGO. The BJP MLA from Shehra constituency stated that he and the NGO were “under the bona fide impression that the temple land is not covered as forest land.”
“...Bona-fide mistake has been detected and immediately instead of covering the same, respondent no-6 (Ahir) as chairman of respondent no-5 (NGO) immediately submitted a proposal to the state government for necessary approval. In any way, it is a bona fide mistake..,” Ahir stated in his response filed on August 19. On August 17, the forest department passed an order regularising the illegal construction.
Ahir had stated that he had offered 2.09 hectares of land in exchange for the land where the temple is located and new construction was carried out. He said that the forest department “identified the need for the temple and 0.80 hectares of land” and at the instance of the concerned forest department, those were regularised. He stated that the central government had also accorded approval for 0.80 hectares.
Ahir also contended petitioners’ claim that the forest is home to animals like leopards, hyenas and other wild animals and a tiger had visited some two years ago.
“This is apparently incorrect on the face of it as there are no wild animals in the forest. This incorrect statement is also going to the root of the case because the petitioners have also based their case on wildlife (protection) act, of 1972. ,” Ahir stated in his response.