B. K. MEHTA, J. B. MEHTA, J.

( 1 ) THESE two petitions under Articles 226 and 227 of the Constitution of India are directed against the notices issued by the respondent Municipality to the respective petitioners to open and remove the unauthorised construction of cabins and structures on the plots of a public street in the town of Kalol. The short facts leading to these petitions are as under:-

( 2 ) IN Special Civil Application No. 498 of 1970 there is a piece of land near Vishnu Talkies in Kalol town. The said piece of land is a part of the public street and as such vested in the respondent Municipality. The petitioners were in possession of the said piece of land as lessees. They were said to be in possession since more than 15 years and are running the business in the cabins which they had put up on the said land since inception of the tenancy. The petitioners are monthly tenants and paying rent of the premises to the respondent Municipality. It appears that various pieces of public street lands were leased out to the petitioner and other persons for a limited and a specified period of one year or more at a time with the permission of the State Government under see. 65 (2) of the

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