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1989 Supreme(Guj) 168

A.P.RAVANI, J.U.MEHTA
Municipal Commissioner – Appellant
Versus
Nandumal Pahelumal – Respondent


Advocates Appeared: J.M.THAKAR, J.R.NANAVATI, K.G.VAKHARIA

A. P. RAVANI, J.

( 1 ) THIS L. P. A. is directed against an interim order passed by the learned single Judge of this High Court in Special Civil Application No. 2462/89. By the interim order, the learned single Judge directed the respondents not to obstruct the petitioners in putting up cabins on the lands which they were occupying and from carrying on the business over the land in question. Hereinbelow the parties are referred to by their original position in the petition.

( 2 ) FEW undisputed facts be noted. In the wake of partition of the country, many people residing in the entire sub-continent were uprooted from the land of their origin. Several persons were forced to come to this part of the country and some of them settled in the town of Bhavnagar in the year 1948-49. Initially they started their business in the area known as Percival market. Some time in the year 1956 they were asked to shift from this place and were accommodated to another place known as kapad Galli". Since then they occupied a part of the public street over which they put up their own cabins. For the land occupied by them the Municipality charged fees. After the municipality was converted into Corporation


















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