PAWAN SUKHLAL JAIN Vs. DEPUTY MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) Heard Mr. Anjan De, learned counsel for the petitioner and Mr. J.B. Kasat, learned counsel for the respondent. Rule. Rule made returnable forthwith with the consent of the learned counsel for the rival parties. Advocate Mr. J.B. Kasat waives service of notice for the respondent on merits.

(2.) These petitions are by the occupants of various shops under the flyover opposite the Main Railway Station Nagpur, which question the impugned judgments dtd. 23/12/2022, passed by the learned Judge in appeals under Sec. 81-F of the Maharashtra Municipal Corporation Act ("MMC Act" for short hereinafter) whereby the appeals filed by the petitioners challenging the order of the Competent Authority under Sec. 81-B of the MMC Act directing eviction of the petitioners from their respective shops on the ground that the shops are required by the Nagpur Municipal Corporation ("NMC" for short hereinafter) for the construction of a six lane road in front of the Railway Station which is proposed to be constructed by demolishing the flyover and the shops constructed underneath, which is claimed to be in public interest, have been dismissed.

(3.) All these petitions raise common grounds and are based upon common facts and therefore are being decided by this common judgment.