RAJESH KUMARI Vs. MUNICIPAL CORPORATION,GWALIOR

JUDGEMENT

(1.) THIS order shall govern the disposal of all these writ petitions as in all these petitions common question of law and fact is involved.

(2.) PETITIONERS in all these three petitions have filed these petitions under Articles 226/227 of the Constitution of India challenging the notice Annexure P -l dated 15.5.2006 issued by the Commissioner, Municipal Corporation, Gwalior, whereby the Commissioner has informed that houses owned by the petitioners are situated at Hanuman Chouraha and the road at Hanuman Chouraha is very narrow and is creating problems in the traffic hence it is necessary to widen the road and for that purpose such portion of the houses of the petitioners is required. Commissioner has also assessed the compensation for the lands to be acquired by the Municipal Corporation and informed the petitioners to remove their possession from the said portion so that the road can be widened.

(3.) CONTENTION raised by the learned counsel for the petitioners is that the petitioners are the owners of the properties and they cannot be deprived of the same without following due procedure laid down by law. For this purpose, learned counsel for the petitioners relied on Article 300A of the Constitution of India which provides that no person shall be deprived of his property without authority of law. Petitioners have also made an averment that the respondents have not acquired the property of the petitioners and so long as the property does not vest in the Municipal Corporation as per the provisions of law, the Corporation has no right to get the portion of their buildings vacated or demolish the same.