DOHAD NAGARPALIKA Vs. MAHENDRAKUMAR NANALAL

JUDGEMENT

(1.) The question in this Second Appeal is with regard to sec. 148 of the Gujarat Municipalities Act and what is meant by permanently accessible to the public and whether the requirements of that section have been fully complied with so as to declare the private street a public street.

(2.) The respondents nos. 1 and 2.-original plaintiffs had filed Regular Civil Suit No. 279/73 for a declaration that the resolution passed by the defendent-Municipality regarding the declaration of a public street was illegal and without jurisdiction. The land in question bears city survey no. 432/B which is situated at Dahod on Zalod Road near S.T. bus-stand.

(3.) The plaintiffs contended that the suit land exclusively belongs to plaintiffs and defendant no. 2 to 8 and there was no public right of way and there is no easement right of any person and that the land was not permanently accessible to the public and yet by resolution no. 507 dated 13-12-1972 it was proposed to declare the suit land as a public street and thereafter ultimately by resolution no. 28 dated 27-4-1973 the municipality had declared it to be a public street.