The Gujarat High Court on Thursday issued notices to BJP MLA, who is also the Deputy Speaker in the state Assembly, and forest department on public interest litigation (PIL) alleging that the legislator has illegally constructed a residential complex by encroaching land deep inside the reserved forest in central Gujarat for himself and through the trust he runs as its chairman and managing director.
The division bench of chief justice Aravind Kumar and justice Ashutosh J Shastri issued notice to BJP MLA Jetha Bharwad, additional chief secretary, department of forest & environment, Gujarat state forest development corporation ltd, district collector, Panchmahal, Aai Shree Khodiyar Seva Trust, among others.
The petition has been jointly moved by Jasvant Solanki, 38, and Dushyant Chauhan, 36, both residents of the Panchmahal district. Solanki is the leader of opposition in Taluka panchayat, Shehra, the assembly constituency BJP MLA Bharwad represents. The petition has been filed through advocate Anand Yagnik, who said in a note that notices have been issued to the forest department and the BJP MLA, among other government agencies.
The note alleged that the construction has been going on since 2019 and "the government hasn't done anything" except the forest department issuing notices and registering a Forest Offence Report.
The petitioners have said that Bharwad and his trust "have justified their non-forest activities taking refuge of temple related activities and providing facilities and accommodations to devotees coming to the temple. This is a malicious subterfuge. Respondent no. 6 (Bharwad) has constructed a house and an office for himself consisting of one drawing room, office, and two bedrooms with air-conditions and attached toilet and bathrooms. This residential structure is meant only for respondent no. 6 and his family members. Besides the respondent uses this structure for all his political activities."
The petitioners have placed a video recording of the construction as proof in the petition.
According to the petitioners, the forest department gave the land in question to state-run Madhya Gujarat Vij Company Ltd "which is not sub-leased to any other authority including that of respondent no. 5 trust", which is run by Bharwad as its chairman and managing director. They have said that the government has not given any portion of land in reserved forest on lease or otherwise to the trust or any individual. Besides, petitioners have argued, section-2 of the Forest (Conservation) Act, 1980 mandates that non-forest activity cannot begin without prior approval of the central Government.
"Taking advantage of his electoral position", the petitioners have alleged, Bharwad "has been constructing a huge residential structure, also being used as his office on and off since 2019 in the reserved forest of Chandangadh." They said that Chandangadh is a notified reserved forest as per the provisions (i) Indian Forest Act, 1927.
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