PAMAN BHOPRAJMAL NAVLANI Vs. DEPUTY MUNICIPAL COMMISSIONER VADODARA

JUDGEMENT

(1.) This group of petitions raises common points and has been heard together at the instance of both the sides and is being disposed of by this common judgment and order.

(2.) The petitioners have challenged notices given to them by the respondent Vadodara Municipal Corporation by which they are required to remove the encroachments made by them within 15 days of the receipt of the notice, failing which the Corporation informed them that it would remove the encroachments at their expense. These notices narrate the fact that the temporary licence of the petitioners in respect of the placement of cabin/larry/hand-cart had expired, which dates fall in most cases in December, 1988 and March, 1989 and that they were liable to be removed in view of the Scheme framed pursuant to the directions of Hon'ble the Supreme Court. The notices were given in April, 1997.

(3.) According to the petitioners, they were given small plots admeasuring about 5' x 5' in the Laheripura area of Ward No. 1 of the Municipal Corporation (in most cases), Near Vittal Mandir, M. G. Road, Near Julelal Temple etc. and they had constructed wooden cabins for their business. According to the petitioners most of them are displaced persons who on partition, had come to Vadodara and they were given these plots by charging the ground rent varying from one anna to 2 annas per square foot. In 1953 when this rent was increased, they had objected but through intervention of some persons, rent at the rate of 3 annas per square foot was agreed to be paid up to May, 1955.