SEVAKRAM PRABHUDAS Vs. DEPUTY MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) This batch of 64 Letters Patent Appeals by the original petitioners in the concerned respective Special Civil Applications is directed against the common judgment and order dated 7th August 1997 passed by the learned Single Judge whereby a group of 114 Special Civil Applications was decided.

(2.) The respondent, i.e. Municipal Corporation of City of Vadodara served notices upon the applicants in April 1997 requiring them to remove the encroachments made by them within 15 days of the receipt of the notices, failing which, the Municipal Corporation itself would remove the encroachments at their expenses. According to the contents of these notices, temporary licences were given to the appellants by the Municipal Corporation for placement of cabin/larry/hand cart etc. and the period of licence had expired in December 1988 and March 1989 and therefore, they were liable to be removed in view of the scheme framed pursuant to the directions of the Honourable Supreme Court.

(3.) Whereas such notices had been issued by the Municipal Corporation of City of Vadodara in view of the scheme framed pursuant to the directions given by the Honourable Court, we find it necessary to give some details in this regard as under: (i) Special Civil Application No.4418 of 1982 filed by 26 petitioners before this Court against the Municipal Corporation of the City of Vadodara and two others was decided by judgment and order rendered on 23rd Dec.1985. In this petition, the prayer was for restraining the respondents from removing the larries of the petitioner from the existing places unless the Municipal Corporation provides suitable alternative place for keeping the said larries on permanent basis to the petitioners. (ii) Against the decision dated 23rd Dec.1985 in Special Civil Application No.4418 of 1982, Special Leave Petitions were filed before the Supreme Court wherein leave to appeal was granted and the Civil Appeals Nos.1881 to 1897 of 1986 were disposed of by the Supreme Court on 2nd May 1986 in the following terms: