ASHISHBHAI DHANJIBHAI VAGHANI S/O DHANJIBHAI VAGHANI Vs. SURAT MUNICIPAL CORPORATION OF CITY OF SURAT

JUDGEMENT

(1.) Heard Mr.Mehul Shah, learned senior counsel with Mr.K. H. Patel, learned counsel for the petitioners.

(2.) Mr.Mehul Shah, learned senior counsel with Mr.K. H. Patel, learned counsel for the petitioners has invited the attention of this Court regarding internal correspondence entered into between the officers of the Corporation which has been obtained under Right to Information by respondent No.3. Mr.Shah, learned senior counsel has submitted that no notice has been served upon the petitioners for not obtaining B. U. Permission and suddenly on 31.12.2019, the Corporation has issued notice and sealed the residential premises on 02.01.2020. Mr.Shah, learned senior counsel has submitted that the petitioners are without the residence as they were forced to vacate the premises by giving threat of using police force by the officers of the Corporation. While inviting the attention of the Court to Section 268 read with Section 263 of the Gujarat Provincial Municipal Corporations Act, 1949, Mr.Shah, learned senior counsel has submitted that mandatory injunction may be granted in favour of the petitioners and they may be permitted to use their residential premises and if any condition is imposed by this Court, they will abide by the same. Mr.Shah, learned counsel has also submitted that the petitioners may be permitted to take out essential articles for their day-today use from the sealed premises. Mr.Shah, learned counsel has also submitted that there is no power of sealing vested with the Corporation.

(3.) On perusal of the papers, it appears that the notice has been issued by the Corporation under Section 263 of the said Act to the developer, but no notice has been issued to the petitioners. Now, on perusal of the latest notice dated 31.12.2019, it appears that the Corporation has issued it under Section 268 of the Gujarat Provincial Municipal Corporations Act, 1949. It is worthwhile to reproduce Section 268 of the Act which reads as under:-