SATYAVVA Vs. HUBLI DHARWAD MINICIPAL CORPORATION

JUDGEMENT

(1.) Since common question of law and fact are involved in all these cases, they are clubbed together, heard and disposed of by this common order.

(2.) The petitioners contend that they are occupying different portions of land bearing Sy.No.36A of Unkal Village, Hubli Taluk, Dharwad District. They have put up small sheds/huts on the said land and have been residing in those sheds for the past 30 to 35 years. The Hubli-Dharwad Municipal Corporation (for short the "Corporation") has assigned corporation number to their huts and it has been collecting taxes from them. The area in question has been declared as a slum area under Section 3 of the Slum Area (Improvement and Clearance) Act, 1956. The petitioners have produced the tax paid receipts issued by the Corporation. The Forest Contractors and Timber Merchants' Association Limited, Hubli, filed a petition before this Court in Writ Petition No. 12420/2006 for a mandamus directing the Corporation to develop the said land reserved for park and to establish fire brigade as per the approved plan bearing No.DEV.ACQ.SR.52 dated 20/12/1970 (for short 'the Layout Plan') and to prevent the 3rd parties from encroaching the said land. Though the petitioners are in possession of different portions of the said land, they were not made parties to the said writ petition. This Court by an order dated 22/02/2010 directed the Corporation to develop the land within a period of six months from the date of receipt of copy of the order. On the basis of the said order, the Corporation has issued notices to the petitioners to demolish the sheds/huts and vacate the land. It is further stated in the notices that if the petitioners fail to demolish the sheds/huts and vacate the land, the same will be demolished by the Corporation. Therefore, the petitioners have filed these writ petitions for quashing of the said notices.

(3.) The Corporation has filed its statement of objections contending that it has not assigned any permanent numbers to the hutments. The number given to the hutments is to facilitate the conducting of the census; the land in question is earmarked for park and open space in the comprehensive development plan. Unless there is a change of the land use, no person can lay a claim to the said land. The notice issued under Section 3(1) of the Slum Area (Improvement and Clearance) Act 1956 is without notice to the Corporation. Though the said notice was issued on 19/12/2001, no further steps have been taken so far. The Corporation has taken steps to demolish the sheds/huts in view of the direction of this Court in Writ Petition No. 12420/2006 dated 11/02/2010. It is further contended that immediately after the receipt of the order, the Executive Engineer of the Corporation, has directed the Assistant Commissioner, Zonal Office to conduct survey of the area, in order to implement the said order. In furtherance of the said order, the Assistant Commissioner, Zonal Office No.5, along with his team has visited the spot and demarcated the encroached area so as to demolish the unauthorised sheds/huts constructed thereon. Thereafter, an order was passed by the Commissioner of Corporation dated 27/01/2011 under Section 288-D of the Act for demolition of the unauthorised sheds/huts put up on the lands. Pursuant to the said order of the Commissioner, impugned notices have been issued to the petitioners calling upon them to demolish the sheds/huts unauthorisedly put up by them and to vacate the said land.