MANSINGBHAI KAHALSINGBHAI Vs. SURAT MUNICIPAL CORPORATION

JUDGEMENT

(1.) Special Civil Application Nos. 6982 of 1999 and 10017 of 1999 filed at the instance of the petitioners were heard together and were disposed of by the learned Single Judge on 17.2.2000 against which the present appeals are preferred. The facts giving rise to these appeals are required to be narrated which are as under. Appellants of these appeals are referred to as 'the petitioners'.

(2.) In Special Civil Application No. 6982 of 1999 the petitioners invoked the jurisdiction of this court under Article 226 of the Constitution of India inter alia praying to issue a writ in the nature of mandamus or any other writ, order or direction restraining the respondent Corporation from demolishing the construction put up in the land bearing Survey Nos. 470/1 and 472 of Katargam, Taluka: Choryasi, District Surat.

(3.) In Special Civil Application No. 10017 of 1999 the petitioners invoked the jurisdiction of this court under Article 226 of the Constitution of India and prayed for issuance of writ in the nature of mandamus or any other appropriate writ, order or direction declaring that the order passed by the respondent Corporation on 19.11.1999 and the order, if any, passed on 29.10.1999 in respect of the land bearing Survey No. 470/1 and 472 of village Katargam (to be precise plot Nos. 45, 46, 47, 48 and 49 of Keshavpark, Ved Road, Surat) are illegal and in violation of Section 29 of the Gujarat Town Planning and Urban Development Act, 1976 and further prayed to quash and set aside the order dated 19.11.1999 and any order passed on 29.10.1999 rejecting the development plan submitted by the petitioners on 7.8.1999 in respect of the aforesaid lands.