JETHMAL Vs. STATE

JUDGEMENT

(1.) THE unsuccessful appellant has filed present appeal. The appellant had filed writ petition on 29.05.2000, praying for a direction to the Municipal Board to restore the status quo of the land in dispute, and the shop, as it was on 29.03.2000, just before the shop was demolished, and the petitioner's possession was disturbed, and has also claimed adequate compensation.

(2.) THE factual averments were, that the petitioner was allotted land measuring 16 x 6 ft. on rent in accordance with law, and since then the petitioner was continuing in possession, having taken electric and water connection till 29.03.2000, on which date employees and officers of the respondents No. 2 and 3 i.e. the Municipal Board and the Assistant Collector demolished the shop, and took away the material of the petitioner. The petitioner has produced the permission letter dt. 04.03.1968 as Annexure -2, and has produced certain demand notice about arrears of rent. It is also alleged, that the fact is that the petitioner was allotted land on rent, and he constructed shop, continued to pay rent upto 29.03.2000, till all of a sudden without prior notice the shop was demolished, and the material and the goods lying there were looted and were taken in a tractor.

(3.) IN this appeal a reply has been filed on behalf of the respondent No. 2, wherein it is inter alia alleged, that the petitioner was not allotted 16 x 6 ft. Land, rather he was temporarily allotted land measuring 23 x 6 1/2 and 11 x 7 ft. for putting table, bench and Kadai, and other articles on daily rental basis as he was carrying on a restaurant, but the appellant without obtaining any permission, illegally constructed permanent shop, which was illegal, and was made on the main road, therefore, the temporary licence was cancelled, and illegal construction was demolished, and road was opened for the public interest.