KACHRABHAI KALABHAI RAVAT Vs. A M C

JUDGEMENT

(1.) Since common issues of facts and law are involved in both these petitions and since both these petitions are heard together, the same are being disposed of by this common judgment and order.

(2.) Special Civil Application No. 8810 of 2007 is filed by in all 50 petitioners, under Article 226 of the Constitution of India praying for issuance of a writ of mandamus or writ of certiorari or any other appropriate writ, order or direction to quash and set aside the notices dated 26.03.2007 issued by the respondent Corporation and to further restrain them permanently from demolishing the huts and residences of the petitioners.

(3.) It is the case of the petitioners that either they or their forefathers purchased the lands in question from their respective owners during the period from 1940 to 1950. The respondent Corporation has issued identity cards in their favour in the year 1976. Resolution No. 544 came to be passed on 17.08.1976 by the respondent Corporation stating that the persons who are residing at the same places prior to the year 1976, would be given identity cards and in the future, if they are to be shifted, then in that case, they would be given alternative accommodation by the respondent Corporation. It is also their case that right from beginning, they have been paying tax to the respondent Corporation and ration cards have also been issued in their favour. The Election Commission has also issued identity cards in favour of the petitioners. Despite this fact and without providing any alternative accommodation, notices were issued by the respondent Corporation to the petitioners for demolition of their huts-cum-residence on 26.03.2007 which is under challenge in the present petition.