RAJGOR MANUBHAI KHODABHAI Vs. TALOD MUNICIPALITY

JUDGEMENT

(1.) By these petitions, under Article 226 of the Constitution of India, the petitioners have challenged the action of respondent Kalol Municipality in attempting to remove the cabins of the petitioners placed by them in the area of Talod Bazaar road, Dist. Sabarkantha.

(2.) It is the case of the petitioners that they are carrying on miscellaneous business on the land situated at the bazaar road by placing their cabins on the land in question. For the land so allotted, rent is being charged by the municipality and certificates in favour of each of the petitioners have been issued under the provision of the Bombay Shops and Establishments Act from time to time. Electricity connections have also been issued.

(3.) Mr. Shital Patel, learned advocate for the petitioners would submit that some of the petitioners are refugees from Sindh and Punjab and they have been doing business pursuant to the scheme of rehabilitation passed by the government. It appears that in the year 2003 notices were given for removal of encroachments and cabins and the petitioners were therefore constrained to file petitions being Special Civil Applications Nos. 17103, 17104 of 2003 and allied matters which were disposed of by an order dtd. 29/4/2009. Thereafter, it is the case of the petitioners through Mr. Shital Patel that on 19/5/2009, representation was made to the Collector and the President of the Talod Nagarpalika which was received on 22/5/2009.