JUDGEMENT
AMITAVA ROY, J. -
(1.) The appellants, ostensibly small scale shopkeepers
located in the vicinity of the internationally revered seat of
Shirdi Sai Baba at Shirdi Taluq, Rohata, District Ahmadnagar,
Maharashtra, face ouster from their sites, being entrapped in
the dictates of events since after their suit had been decreed
on compromise in the year 1979, securing their right of
rehabilitation in the same locality.
(2.) The contextual facts encompass the issues in all the appeals and permit analogous adjudication.
(3.) The five appeals impeach the consecutive adjudications in sequential phases affirming the displacement of the
appellants by acknowledging the mandate of the relevant Town
Planning and Municipal Laws and the overriding public
interest as perceived, their decree being construed to have
been rendered inexecutable by the intervening developments.
Their possession, however remains protected by the interim
order of status -quo granted by the High Court and continued
in the instant proceedings subject to the liberty granted to the
respondent - Shirdi Nagar Panchayat (for short, hereinafter to
be referred to as "Nagar Panchayat/Municipal Council") to
take any action in accordance with law, in connection with the
widening of the concerned road or removal of encroachments,
in terms of the order dated 13.12.2010 passed in SLP (C) Nos.
27988 of 2010, 29683 -29685 of 2010 and 28235 of 2010.;
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