SEVAKRAM PRABHUDAS Vs. H S PATEL

JUDGEMENT

(1.) These two applications Nos.1656 of 1997 and 1657 of 1997 are arising in connection with the same incident which took place in the city of Vadodara on 21.8.1997 which resulted in demolition and removal of the cabins of the applicants of these Misc. Civil Applications. The applicants claim to be having a common interest who were parties to the group of Special Civil Applications pending before this Court and which were decided by the common order dt. 7.8.1997 by the learned single Judge of this Court. As evidenced from the recorded facts in the judgment dated 7.8.1997 the petitioners had challenged the notices given to them by the Vadodara Municipal Corporation by which they were required to remove the encroachment made by them within 15 days of the receipt of the notice, failing which the corporation informed them that it would remove their encroachments at their expenses. Shorn of the contentions on merits, the petitions were dismissed on merits. The learned single Judge refused to stay the operation of the order to enable the petitioners to approach the appellate forum and made the following order on request being made in that regard:

(2.) We have heard the learned counsel for the parties.

(3.) It was urged on behalf of applicants that the respondent No.2 Corporation and its officers respondents Mrs. Vilasini Ramachandran, the Commissioner (respondent No.2A), M/s H.S. Patel, Dy. Commissioner (respondent No. 1) and Bipinbhai Shah, Ward Officer (respondent No. 4), who are responsible for conduct of business of the Corporation are guilty of contempt of court by committing wilful breach of the undertaking given to the court by respondents nos. 1, 2 and 2A and respondents nos. 3, 4 and 5 for having aided and abated in committing the breach.