BALDEVDAS NARSINHDAS PARIKH Vs. VIRAMGAM NAGARPALIKA

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India, the petitioner has prayed for a declaration that the respondents have no authority, power and jurisdiction to cause any damage or demolish the construction put up by the petitioner, way back 50 years, on the land allotted to the petitioner situated at Golpitha Road in Lati Bazar, Viramgam, DistrictAhmedabad, and has further prayed for a appropriate writ, order or direction upon the respondents restraining them from causing any damage and/or demolishing the construction put up by the petitioner on the said land.

(2.) THE facts shortly stated be thus:

(3.) IT is the case of the petitioner that after putting up the construction of the shops on the rented land, the rent was enhanced by the Nagar Palika to Rs.3,000/ per annum. It is his case that in the year 199596, the petitioner apprehended that the Nagar Palika may demolish the construction and, therefore, he preferred Special Civil Application No.4369 of 1995. It appears that in the said writ application an affidavit was filed by the Nagar Palika stating that the apprehension of the petitioner was not wellfounded and accordingly on such statement being made by the learned advocate appearing for the Nagar Palika, the petition was not pressed and the same was withdrawn vide order dated 7th September 1995.