Earlier, Dada Sellar and 12 others had filed a suit in Junagadh court claiming they were entitled to 108 acres and 26 gunthas of land at Surajgadh village of Mendarda taluka in Junagadh district.

Civil judge (senior division) L S Nakrani, in his order dated September 1, 1998, rejected the farmers' plea and held that they were not entitled to retain possession of the land as they had been encroaching upon the State Government's forest land.

The farmers appealed against this order before assistant district judge, Junagadh, S J Pathak. The judge, in his order dated May 4, 1999, allowed the farmers to retain possession of the land. The State Government preferred a civil revision application in the High Court and the matter came up for hearing on Thursday.

Dhirubhai Patel, in-charge government pleader, argued before the court that the disputed land in Surajgadh village had already been notified in 1971 as reserved and protected forest and, therefore, no person could stake claim, right or entitlement to the area.

Patel contended that the Supreme Court had directed all the state governments to clear encroachments on forest land. In pursuance of this directive, the Gujarat Government had also issued notice to the farmers to vacate the encroached area in Gir Forest. Therefore, the farmers had no legal right to retain possession of the land, he added.

He pleaded that the farmers should not be allowed to retain possession of the land. His contention was that once permission was granted, the farmers would not vacate the land soon because the court process takes a considerably long time.

Patel also pointed out that cases relating to encroachment of approximately 1,077 acres of Gir Forest land by 200 farmers were pending before various courts in Junagadh. If stay was not granted on this land, all the encroachers would retain possession of the disputed land, he said.

After hearing Patel, vacation judge A M Kapadia granted stay against the order passed by the assistant district judge, Junagadh, by refusing to grant farmers the permission to retain possession of the forest land. Further hearing in the case will be held on June 28.