RAVI SONKAR & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) PETITIONERS are challenging the action of Municipal Corporation, Jabalpur demolishing the temporary construction of the petitioners oh 28th November 1999 whereupon the petitioners had carrying on business of 5 Star Exhibition; petitioners pray for restoration of possession on the exhibition site admeasuring 28.000 square feet; alternatively directions to the respondents no. 1 to 3 to provide alternate site to the petitioners and also to compensate them. It is not in dispute that the land in question is owned by Municipal Corporation, Jabalpur; initially the land in question was leased out by the Municipal Corporation, Jabalpur to the erstwhile coronation club which is succeeded by Jabalpur Club; land is held by Jabalpur club on certain terms and conditions as mentioned in the lease deed.

(2.) PETITIONERS submit that petitioners had been carrying on their business in temporary constructed accommodation over the land taken on lease initially by Shikshit Berojgar Sangh and later on by Adarsh Anusuchit Jati and Janjati Kalyan Samiti; the respondents in collusion forcibly took the possession of the land; petitioner/society has been paying yearly rent of Rs. 20,000/ - to the lessor, namely, Jabalpur Club; the entire area was buldozed and the temporary constructions were removed in utter violation of law; petitioners were initially members of Shikshit Berojgar Sangh which started exhibition on the said land in the year 1981 -82 or so; later on in the year 1985 respondent no. 4 Jabalpur Club had executed an agreement in favour of Rakesh Basediya and Dayaram Sonkar petitioner no. 5 and 6 who were the office bearers of said Shikshit Berojgar Sangh; lease deed P/2 was executed on 30th April, 1985; it was executed by Shri Kahendra Singh, Manager of the Jabalpur Club in their favour. It was for the period of 8 years, that is up to 31.12.1993. It was agreed that Rs. 20,000/ - shall be the yearly rent and will be increased by 10% every year; yearly rent shall be payable by party no. 2 in January of each year to party no. 1 that is Jabalpur Club.

(3.) PETITIONERS further alleged that District Magistrate, Jabalpur used to give the permission for exhibition; permissions are placed on record as Annexures P/3 to P/7 which reflect that District Magistrate on January 27th, 1984 granted permission Annexure P/3 for the period 15.2.84 to 15.7.84 for a period of five months. P/4 is another permission granted by District Magistrate, Jabalpur for the period February to July, 1986. P/5 permission is for the period 10.3.87 to 15.7.87. P/6 is the extension of permission for the period 16.7.87 to 16.8.87. P/7 is the permission for the period 15.3.88 to 15.9.88. For organising the exhibition in the relevant periods, it appears that temporary water connections were also applied for by the petitioners as apparent from P/8, P/9 and P/10 in the year 1985 to 1987. Temporary electricity connections were also obtained in the year 1983 to 1985 as reflected from P/11 to P/18. A writ petition M.P. No. 3116/1988 was filed by Bhagwandas Sen and four others. In the writ petition, this court confined its decision to the validity of the notice P/21 in MP No. 3116/1988; which notice was issued by the Municipal Corporation under Section 323 of M.P. Municipal Corporation Act, 1956 which was regarding encroachment on public passage and this Court came to the conclusion that petitioners have trespassed over the passage, therefore, the petitioners were directed to vacate this passage within fifteen days from the date of receipt of this order or it will be open to the Municipal Corporation to remove the petitioners in accordance with law. There was some other litigation also CS No. 33 -A/92 and CS No. 383 -A/1994; inspite of aforesaid facts, the respondent/Municipal Corporation got pasted a notice (Annexure P/31)on the premises of the exhibition purported to be under sections 304, 322 and 323 of M.P. Municipal Corporation Act directing the petitioners to appear before the Municipal Corporation on 27.11.1999. Petitioners prayed for one week's time to file reply; petitioners no. 1 was orally informed to appear on 4.12.1999. Several newspapers reports were published to the effect that there was scam committed by the petitioners and Jabalpur Club of usurping land of several crores which is owned by Municipal Corporation.