LAWS(GJH)-2016-1-223

KRISHNA FOUNDATION Vs. STATE OF GUJARAT

Decided On January 21, 2016
Krishna Foundation Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE petitioner by this petition has prayed for the following reliefs:

(2.) WE have heard Mr.Buch, learned counsel appearing for the petitioner, Mr.Devnani, learned Assistant Government Pleader for the State and Mr.P.G.Desai, learned counsel with Mr.Chhaya, learned advocate for the Ahmedabad Municipal Corporation and its officers, and Mr.Dave with Mr.Patel for respondent No.6. Mr.Mansuri for newly added party respondents Nos.7 and 8.

(3.) IT is undisputed position that present petition is preferred for the hawkers who are doing their business of selling handicraft cloths and readymade cloths over the land which is a part of road land from Nehrunagar to statue of Rani Jhansi near Bimanagar in Ahmedabad. The principal grievance on the part of the petitioner is that without providing alternative space for hawking area, the officers of the Corporation are contemplating to evict the petitioner and its members, whereas, on behalf of the respondent No.6, it was submitted that their property is located on road, but, because of unauthorised occupation on the road, respondent No.6 is unable to develop the property and is also not in position to make convenient use of the property.