SAJIDALI KAUSHARALI SHAH Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) In the present writ petitions, the petitioners have assailed the order dtd. 18/2/2021 passed by the competent authority of the respondent- Corporation under Sec. 5 of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (for short "the Public Premises Eviction Act") and the order dtd. 11/8/2021 passed by 11th Additional District Judge, Surat in Misc. Civil Appeal No.11 of 2021 and Misc. Civil Appeal No.8 of 2021.

(2.) The petitioners are in occupation of shops situated in shopping complex constructed upon the land bearing nos.1961/A and 1961/B of Ward No.2 Rudrapura, Surat, which belongs to Surat Municipal Corporation (SMC).

(3.) In view of the Metro Rail Project (Phase-I), the SMC needed the said land, on which the shops are situated in larger public interest and hence, the Corporation initiated procedure under the the Public Premises Eviction Act. Accordingly, notices were issued on 7/1/2021 under Sec. 4 of the Public Premises Eviction Act calling upon the petitioners to vacate the premises. They were also personally heard on 18/2/2021. Ultimately, on 18/2/2021, an order under Sec. 5 of the Public Premises Eviction Act was passed by the competent authority of the respondent-Corporation directing the petitioners to evict the said premises.