MAKWANA MOHANBHAI BHAIJIBHAI Vs. A M C

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioners seek the following relief:-

(2.) THE case of the petitioners as averred in the petition is that they have been living with their respective families in a cluster of hutments known as Rajaji's Chhapraa, situated at Final Plot No.318, Town Planning Scheme No.19 of Survey No.42 of Village: Sheikhpur-Khanpur, Taluka City District:Ahmedabad and that their predecessors and/or the petitioners themselves have been living in the huts constructed by them since more than fifty years. The factum of occupation of the hutments of the petitioners situated on the said plot is also recognized by the first respondent-Ahmedabad Municipal Corporation (hereinafter referred to as "the Corporation") by serving property tax bills on the petitioners at the above-referred address. The petitioners have been paying the municipal tax in respect of the hutments occupied by them and such tax has been accepted by the Corporation from time to time. The Corporation has also issued identity cards to the petitioners showing the above address in the card as the residential address of the petitioners and all postal articles were also delivered to the petitioners at the said address. Apart from independent water connection having been provided to their huts by the Corporation, facility of water supply to the hutment dwellers in the said area through two common water taps on a common water-post also came to be provided. Each hutment had also been given separate drainage connection by the Corporation and other common sanitary conveniences had also been provided. According to the petitioners, they have been occupying the said hutments since more than fifty years, openly, and to the knowledge of all concerned and without any let or hindrance whatsoever from any quarter including the owners of the subject plot.

(3.) IT is the case of the petitioners that they continued their occupation of the hutments on the subject plot; however, a public notice appeared in the Gujarat Samachar dated 25.09.1994 for issuance of title clearance certificate to the owners of the land bearing Final Plot No.318 of Town Planning Scheme No.19, whereupon the petitioners instituted a suit being Civil Suit No.5029 of 1994 in the City Civil Court at Ahmedabad for permanent injunction restraining the defendants in the said suit from dispossessing the petitioners from the hutments standing on the subject land and also from in any manner interfering with the petitioners' peaceful possession of the said hutments. In the said suit, the petitioners' application for injunction came to be granted on 30.09.1994, which continued even on the date of the filing of the petition. In the meanwhile, since the third respondent was not given vacant possession of Final Plot No.313 and 319, he approached this court by way of a writ petition being Special Civil Application No.490 of 1985. Though in the said case, initially the petitioners were not joined as parties, subsequently, at the instance of the High Court, the Corporation had furnished a list containing the names and addresses of the persons who were alleged to be in unauthorized occupation of the land in dispute in the said petition, pursuant to which, by an order dated 21.10.1999, such persons, including the petitioners, were impleaded as parties. The said petition came to be allowed by a judgment and order dated 27.04.2001, whereby the Corporation was directed that within a period of one year from the date of receipt of the said order, either to decide whether to reserve the plot in question for slum up-gradation and initiate appropriate action in accordance with the provisions of the Town Planning Act or remove all unauthorized sheds, huts and other temporary structures standing and lying on Final Plot No.319 of the Town Planning Scheme, Ahmedabad No.19 (Memnagar) and hand over vacant and peaceful possession of the same, free from all encumbrances, to the petitioner (the third respondent herein).