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1987 Supreme(Guj) 110

A.P.RAVANI
NEHRU MARG CABIN ASSOCIATION – Appellant
Versus
MODASA NAGAR PALIKA – Respondent


Advocates Appeared: K.S.NANAVATI, M.A.Panchal

A. P. RAVANI, J.

( 1 ) IN these four petitions in all 74 individual cabinshop-owners are affected by the action of the respondents. According to the petitioners they have been removed from the place of their business otherwise than in accordance with law and in violation of their fundamental right to life under Art. 21 of the Constitution of India. In Special Civil Application No. 4019 of 1987 an association called Nehru Marg Cabin Association has filed the petition in respect of 43 members belonging to their association. In other three petitions different individuals have filed the petitions. In all they are 31 in number The petitioners have their cabins on different roads in the town of Modasa district Sabarkantha. The petitioners felt aggrieved by the action of the respondent-Municipality and other respondents. Hence the petition. By interim relief it was directed that the petitioners be not restrained from putting up their cabins and carrying on their business at the places where they were carrying on the business immediately prior to their removal. The grievance of the petitioners is that they cannot be thrown away from the places of their business except in accordance with law










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