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.
Representing the fishermen, advocate Anand Yagnik on Friday submitted orally before the court, “I’ve accepted that I’m on government land… I’m not saying that only minority Muslim communities are being removed in the name of the security of the state… We are ready and willing to shift, but kindly settle us. Somewhere down the line we are expected to fish…”
Referring to the state citing a letter of the ADGP that the sea route was utilised for 1993 terrorist attack, Yagnik added, “Out of 122 (petitioners) of one village and 69 (petitioners) of the other village, there has never been a criminal record… After 1993 terrorist attack until 2023, nothing has happened because of us… Much is said because we are minority… aa amara maa nathi lagu padtu (it does not apply to us). We are Indians, Gujarati Muslims…we are not going to participate in any such activities.”
Justice Nirzar Desai responded, “…This nation has respected late president Abdul Kalam, Martyr Hamir who… sacrificed his life. There is nothing like that. Security concern is not based upon a particular caste or community, it is based on a particular route…”
Requesting the court and the state to take into consideration during rehabilitation that fishermen they have to be close to the shore, Yagnik said, “I’m making a humble request that we will shift, give us a place, we will establish our settlement there and take every precautionary measure to ensure that our settlement belonging to minority may not be utilised for any illegal purpose.”
Refusing to pass any orders to this effect, Justice Desai remarked, “Kindly appreciate, out of one lakh people, it requires only one black sheep or more. Therefore I’ll leave it to the state government.”
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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.
“In the said letters, it has been categorically conveyed that construction near the sea shore can be used for terrorist activities, as was done in the year 1993, which would be detrimental to the security of the nation,” it said.
The August 1, 2022 letter notes that meetings are held every three months under the chairmanship of Dwarka collector with coastal security agencies. It states, “Since the past 4 to 5 meetings discussions are taking place to stop illegal/unauthorised constructions but till date no action has been taken… A lot of these illegal/unauthorised constructions are there in Devbhumi Dwarka district at Okha, the area of (Okha) jetty, area of Dalda, Rupen Bandar area of Dwarka, Navadra and Gandhavi Bandar in Kalyanpur…”
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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”. However Yagnik sought that they not be rendered as a “floating population” and be rehabilitated keeping their occupation in mind.
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.”
Advocate general Kamal Trivedi, appearing on behalf of the state, assured the court that it will consider the same considering the existing circumstances as well as the policy of the government.
