( 1 ) IN all these appeals, which are instituted under Clause 15 of the Letters Patent, question of interpretation and ambit of powers of Municipal authorities under section 260 read with section 478 of the Bombay Provincial Municipal Corporations Act,1949 ("the Act" for short) arises for our consideration. As common question of facts and law arise for our consideration in these appeals, we propose to dispose of them by this common judgment.

( 2 ) SPECIAL Civilapplication No. 5555/93 out of which Letters Patent Appeal No. 553/94 arises, was originally filed by 55 persons. Pursuant to order dated June 18, 1993 passed by the Court, petitioners no. 56 to 77 were added. However, the Court vide its order dated June 11, 1993 had directed that separate petitions should be filed for petitioners other than petitioner no. 1. Therefore, separate petitions being Special Civil Applications No. 5711/93 to 5764/93 and Special Civil Applications No. 6321/93 to 6342/93 were filed, which have given rise to Letters Patent Apepals Nos. 554/94 to 607/94 and Letters Patent Appeals No. 608/94 to 629/94. In these groups of appeals, the respondents had prayed that Municipal Corporation of City of Ahmedabad be restrained from demolishing the shops constructed in cellar, ground floor and first floor of the building known as "vijay Plaza" situated at Kankaria Road, Opposite Abad Dairy, Ahmedabad.

( 3 ) LETTERS Patent Appeals No. 630/94 to 633/94 which arise out of judgment rendered in Special Civil Applications No. 6167/93 to 6170/93 relate to proposed demolition of shops constructed in the same building i. e. Vijay Plaza. Letters Patent Appeals No. 634/94 to 639/94 which arise out of judgment rendered by the learned Single Judge in Special Civil Applications No. 5594/93 to 5599/93 relate to proposed demolition of shops constructed in the building known as "tulsi" situated at Mithakhali, Navrangpura, Ahmedabad.

( 4 ) LETTERS Patent Appeals No. 640/94 to 651/94 arise out of judgment rendered by the learned Single Judge in Special Civil Applications No. 9938/94 to 9949/94 and relate to proposed demolition of shops constructed in the cellar, ground floor and first floor of the building known as "vijay Plaza" situated at Kankaria Road, Opp: Abad Dairy, Ahmedabad.

( 5 ) IN order to resolve the controversy raised in these appeals, it would be advantageous to refer to the case of original petitioners who are in occupation of shops constructed in the building known as "vijay Plaza" situated at Kankaria Road, Opp: Abad Dairy, Ahmedabad. The case of the original petitioners in Vijay Plaza Building groups of matters was that the shops in question were sold to them by Vijay Housing Development Corporation, which is a partnership firm, for a substantial consideration. According to the original petitioners, they were never informed by Vijay Housing Development Corporation that the shops were,in fact, constructed in the area designated as parking space, residential area and nursing home in the building plan. In the building plan, cellar in which the shops were constructed and sold to the original petitioners, was shown as parking space, while ground floor was designated for shops and residence; whereas the first floor was shown to have been reserved for nursing home. The case pleaded by the original petitioners was that they were handed over possession of the shops since 1989 or immediately thereafter and have been carrying on various professions, vocations etc. What was claimed by the petitioners was that there was a conspiracy to cheat the citizens between Vijay Housing Development Corporation and the officers of Ahmedabad Municipal Corporation, inasmuch as officers of the Municipal Corporation had connived at the unauthorised construction and the Corporation was recovering taxes in respect of the shops. It was alleged by the petitioners that there was a deliberate design to induce the people into a belief that the shops could be utilised by them and