NAVINCHANDRA M RANDERIA Vs. STATE OF GUJARAT
LAWS(GJH)-1988-10-5
HIGH COURT OF GUJARAT
Decided on October 18,1988

Navinchandra M Randeria Appellant
VERSUS
STATE OF GUJARAT Respondents





Cited Judgements :-

A M C VS. SOCIAL CO OP BANK LTD [LAWS(GJH)-2006-3-51] [REFERRED TO]
HIRALAL BHAGWANDAS PARTNERSHIPFIRM AND ORS VS. SURAT MUNICIPAL CORPORATION AND ORS [LAWS(GJH)-2012-5-215] [REFERRED TO]
KILLOL V SHELAT VS. MUNICIPAL CORPORATION OF CITY OF AHMEDABAD [LAWS(GJH)-2008-11-136] [REFERRED TO]
LADHABHAI GOPALDAS PATEL VS. AHMEDABAD MUNICIPAL CORPORATION [LAWS(GJH)-2013-2-457] [REFERRED TO]


JUDGEMENT

P.R.GOKULAKRISHNAN - (1.)In the Special Civil Application No. 4387 of 1986 the petitioners have prayed for issuing a writ of mandamus or any other writ direction or order for declaring Sec. 6 Notification at Annexure C to the petition as illegal and void in law and direct the respondents therein not to take any proceedings under the provisions of the said Act based on such Sec. 6 Notification. In Special Civil Application No. 6718 of 1987 the very same relief is prayed for in respect of the petitioners Nos. 9 10 11 and 12 in Special Civil Application No. 4387 of 1986 who have been dropped as on date from the array of petitioners mentioned in Special Civil Application No. 4387 of 1986. The petitioners in Special Civil Application No. 6718 of 1987 have filed the petition separately since according to them the Nondh numbers which are 818 and 819 are not mentioned in the notice issued under Sec. 210 of the Bombay Provincial Municipal Corporations Act and for other reasons.
(2.)Learned Counsels appearing for the respective parties in these Special Civil Applications agree that these Special Civil Applications may be treated as fully heard and disposed of finally by a judgment. Hence Rule is issued arguments heard and the following judgment is passed.
(3.)The short facts of this case for the purpose of disposing of this petition are that the petitioners have residential premises in the road sought to be widened and the same is situated in the city of Surat. They are residing in these buildings for number of years and it is impossible for them to move away from these buildings since it is very difficult to get any alternative accommodation for them in the city of Surat. It is the say of the petitioners that on the opposite side of their residential houses there are dilapidated houses which are not used by anybody for residential purposes and they can be acquired for the purpose of widening the road. The Surat Municipal Corporation has proposed a roadline in order to widen the road on which the houses of the petitioners are situated. According to the roadline the 10 ft. front portion of the petitioners residential houses will be taken away for the purpose of widening the road. The petitioners contend that if these 10 ft. in the front portion of their respective houses are taken away their residential buildings will become useless rendering them homeless.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.