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1960 Supreme(Guj) 48

S.T.DESAI, P.N.BHAGWATI
GIRDHARLAL GANPATRAM – Appellant
Versus
AHMEDABAD MUNICIPAL CORPORATION – Respondent


Advocates Appeared: AKSHAY H.MEHTA, S.B.VAKIL

S. T. DESAI, J.

( 1 ) THIS is a rule taken out at the instance of the petitioner against the respondent the Ahmedabad Municipal Corporation for an appropriate writ order or direction under Article 226 of the Constitution quashing and setting aside several notices issued by the respondent calling upon the petitioner to demolish and remove that portion of his property coming within the roadline within seven days of the receipt of the notices and to keep the land underneath open. The petition gives rise to a contention which lies in a narrow compass but our decision we are informed and verily believe will affect some other cases of the same nature. The petitioner is the owner of property bearing survey numbers 4225 4225 4224 4224 4224 4222 and 4223 situate in Jamalpur Ward of the city of Ahmedabad. The property is a four-storied building and the petitioner and the members of his family reside in the same. There are four shops on the ground floor of the building. On 22/06/1956 the respondent Corporation issued a notice under sec. 212 (1) (b) of the Provincial Municipal Corporations Act 1949 to be referred to by us hereafter as the Act calling upon the petitioner to show cause why the la























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