IDAR NAGAR PALIKA, IDAR. Vs. COLLECTOR, SABARKANTHA

JUDGEMENT

(1.) THIS appeal under Clause 15 of the Letters Patent is at the instance of a unsuccessful applicant in a writ-application under Article 226 of the Constitution of India, and is directed against the judgment and order dated 8th February, 2012, passed by the learned Single Judge in Special Civil Application No. 1812 of 2009, by which His Lordship rejected the writ- application thereby confirming the order passed by the Deputy Secretary, Urban Development and Urban Housing Department, Government of Gujarat, Gandhinagar.

(2.) THE facts leading to the filing of the present appeal may be summarized as under:- The private respondents i.e. respondents No. 3 to 4, 6 to 10, 11 to 16 and 18 are the residents of Idar, situated in the District of Sabarkantha. Along with others, they were carrying on their business in the town of Idar by putting up cabins/kutchha small shops/galla, past many years. As these cabins were creating problems relating to traffic, the appellant decided to remove those cabins in the public interest. Aggrieved by such decision of the appellant, few shopkeepers had approached this High Court seeking appropriate relief from removal from the place of their business. It appears that it was finally decided that the cabins/kutchha shops should be removed, but considering the fact that the cabins were the only means of livelihood of those shopkeepers, they should be given some alternative premises on lease basis to carry on their business activity for earning their livelihood.

(3.) THE record reveals that on 21st October, 2008, auction was held amongst the cabin holders and in all 126 cabin holders participated in the auction. Thus, 126 shops were disposed of by public auction out of total 171 shops constructed. The record further reveals that 45 shops are yet to be put to auction.