JUDGMENT

P. Sathasivam, J. —

1) Leave granted.

2) These appeals are directed against the judgment and final order dated 18.01.2008 passed by the High Court of Judicature of Madhya Pradesh, Jabalpur, Bench at Gwalior in Writ Petition Nos. 1873, 1878 and 2101 of 2003 and 310 of 1999 whereby the High Court disposed of the writ petitions and issued various directions to the Municipal Corporation, Gwalior in paragraph 8 of the impugned order for construction of a market complex known as “New Gandhi Market Building”.

3) Brief facts:

(a) According to the appellants-shopkeepers, after the partition of the country, in the year 1952, the Government constructed Gandhi Market in Gwalior with 250 shops and allotted them to the appellants herein, who were migrated to India from Pakistan at the time of partition, as tenants/licensees. Each shop covers 60 sq.ft. space + 30 sq.ft. Verandah, in total 90 sq.ft. area and has in front a 5 ft. wide footpath and then a public road. In the year 1975, notice was issued by the Municipal Corporation of Gwalior to the shopkeepers proposing to increase the rent from Rs.7/- to Rs.220/- per month. However, on 18.03.1977, the State of Madhya Pradesh as well as the Municipal Corporation, Gwalior agreed to increase the rent only by 7% from the original rent and also clarified that the enhanced rent would cover area in front of the shops and no additional charges were to be paid in that respect. On 24.05.1994, the Municipal Corporation passed Resolution No.40 by which, area of the shop was treated as 90 sq. ft. including the verandah.

(b) On 28.02.1999, a public interest litigation petition, being Writ Petition No. 310 of 1999 was filed by a lawyer, G.S. Tomar, against encroachment and erection of wooden stalls by the Municipal Corporation over the land of the Madhya Pradesh Housing Board in Nazar Bagh Market, which is described as “the heart of the city”. By order dated 15.12.2000, the High Court directed that the said structures erected by the Municipal Corporation would be removed. The petition was listed before the Division Bench on various dates and several directions were issued by the High Court. Thereafter, on 04.02.2003, the High Court directed the Municipal Corporation to furnish information regarding the steps being taken to remove encroachments on public streets. In May/June, 2003, the Municipal Corporation issued notices to the appellants alleging that they were in illegal occupancy of the front portion of their shops and directed them to remove the alleged encroachments with the threat for demolition of offending construction, if any. Consequently, the shopkeepers of Gandhi Market filed petitions before the High Court praying that they have not made any encroachment of the Verandah. The shopkeepers of various markets also filed writ petitions before the High Court. All the petitions were directed to be listed along with Writ Petition No. 310 of 1999.

(c) During the pendency of the writ petitions, the High Court, by order dated 04.07.2003, appointed District Judge (Vigilance) as a Local Commissioner in respect of the illegal encroachments and constructions and directed the Municipal Corporation to continue with the removal of encroachment from the footpaths and public streets which were identified by the District Judge (Vigilance). It further directed that objections, if any, would be submitted to the District Judge.

(d) Against the order dated 04.07.2003, some of the shopkeepers of other markets filed Special Leave Petition No. 12446 of 2003 before this Court wherein this Court issued notice and stayed the demolition until further orders.

(e) On 25.08.2003, the Local Commissioner submitted his report before the High Court and the High Court directed that it may not be open to the parties to raise any further objections to the report. Against the said order, the appellants herein filed S.L.Ps. before this Court which were directed to be tagged with the earlier S.L.P.(C) No. 12446 of 2003. This Cour