JAYESHKUMAR G VYAS Vs. VIJAY HOUSING DEVELOPMENT

JUDGEMENT

(1.) In all these matters the petitioners have in effect challenged the action of the Municipal Corporation for demolishing unauthorised constructions particularly those made in the space which was required to be kept open for parking vehicles.

(2.) Special Civil Application No. 5555 of 1993 was originally filed by 55 persons and thereafter, as per Court's order dated 18-6-1993, petitioners Nos. 56 to 77 were added. However, later by order dated 11-6-1993 it was directed by the Court that separate petitions should be filed for petitioners other than the petitioner No. 1. As per the said direction, separate petitions - Special Civil Application Nos. 5711 of 1993 to 5764 of 1993 and Special Civil Application Nos. 6321 of 1993 to 6342 of 1993 were filed. In this group of matters the petitioners have prayed that the respondent No. 2-Municipal Corporation be restrained from demolishing the shops constructed in the cellar, ground-floor and first floor of the building known as Vijay Plaza, situated at Kankaria Road, Opp. Abad Dairy, Ahmedabad. The learned Counsel Mr. A. H. Mehta argued on behalf of the petitioners of this group of matters.

(3.) Special Civil Application Nos. 6167 of 1993 to 6170 of 1993 also relate to the shops which are proposed to be demolished in the same building Vijay Plaza, in respect of which the petitioners claim rights and Mr. S. S. Belsare, learned Advocate appearing for the petitioners adopted the contentions raised by Mr. A. H. Mehta, supplementing them.