DALVADI LALJIBHAI GATORBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. R. M. Chhaya, learned A.G.P. waives service of rule on behalf of respondent Nos. 1 and 4, i.e., State Government of Gujarat and Shri Vipul Mitra, District Collector, Surendranagar, respectively. Mr. P. M. Thakkar, learned Advocate, waives service of rule on behalf of respondent Nos. 2 and 3, i.e., Surendranagar Joint Municipality, through its Administrator, and Surendranagar Joint Municipality through its Chief Officer, respectively. At the request and with the consent of the learned Advocates appearing for the parties rule issued in the petition is ordered to be heard today.

(2.) Petitioners challenge the constitutional validity of Secs. 4 and 5 of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972, and pray that the respondents be restrained from evicting the petitioners from the space occupied by them in the old vegetable market, near Shravan Talkies, Main Road, Surendranagar. The petitioners also pray that the repondents be directed to restore possession of the space occupied by the individuals whose names are mentioned in Annexure-A to the petition. The petitioners further pray that the respondents be restrained from preventing the petitioners from carrying on their business from the space in question.

(3.) Initially the petition pertained to 62 petitioners. By way of amendment, the scope of the petition has been extended to cover 42 other individuals whose names are shown in Annexure-A to the petition. According to the petitioners, they carry on business of selling vegetables in the old vegetable market. It is the case of the petitioners that the space is rented to them. It is claimed that they are carrying on business at this place for last about 30 (thirty) years or more. They are carrying on this business on raised floor, i.e., 'ota'. As averred in the petition on December 15, 1993 the respondents demolished the 'otas' and orally told the petitioners and others that they will not be allowed to do their business at the same place in the vegetable market.