KHATKI AJGAR BIKAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners herein are vegetable and fruit vendors operating from Chhatrapati Shivaji Vegetable and Fruit Market, Pandesara, Surat. It is their case that they are being forcibly displaced and compelled to shift their business to the Pandesara Khaadi area against their will by the respondent no.2, without affording the petitioners any opportunity of hearing and without considering the petitioners' detailed representations dtd. 30/4/2025 and 18/12/2025, thereby violating the principles of natural justice as also their fundamental rights.

(2.) It is the contention of the learned advocate Mr. Shivam Majmudar appearing for the petitioners that the concerned vegetable market is to be reconstructed with modern amenities, to which the present petitioners can not possibly have any objections. However, it was submitted that the proposed site of relocation is unhygienic, polluted and unsuitable for vending of perishable food items and the same would destroy the livelihood of the petitioners and pose serious public health concerns.

(3.) It was submitted that the respondent no.2 - Municipal Corporation had issued notices dtd. 18/3/2025 and 19/12/2025 and that as the time for shifting is eminent i.e., 7 days from 19/12/2025, the petitioners have approached this Court. It was submitted that the notices have been issued despite the fact that representations of the petitioners were addressed to the Urban Development and Urban Housing Department, Sachivalaya, Gandhinagar, by providing a copy of the representation, as back as on 6/4/2025. Similarly, the Municipal Commissioner, Surat Municipal Corporation, Deputy Municipal Commissioner and Zonal Chief, South Zone - A, Asst. Municipal Commissioner, South Zone - A, too were served with the representation, way back on 30/4/2025. It was submitted that the petitioners were in the very vicinity, doing their business and earning their livelihood for anywhere between 12 to 50 years. It was submitted that prejudicing the livelihood of the petitioners even without giving them an opportunity of hearing, warrants immediate protection.