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2001 Supreme(Guj) 598

M.S.SHAH
SAKRABHAI BUCHABHAI – Appellant
Versus
AHMEDABAD MUNICIPAL CORPORATION – Respondent


Advocates Appeared: M.B.GANDHI, PRASHANT DESAI, Y.N.OZA

M. S. SHAH, J.

( 1 ) IN this petition under Article 226 of the Constitution, the petitioners, 52 in number, have challenged the eviction notices dated 20-2-1998 (Annexure B) issued by the Ahmedabad Municipal Corporation-respondent No. 1 herein (hereinafter referred to as `the Corporation) and to restrain the respondent-Corporation and its Officers from removing and/or demolishing the hutments of the petitioners situated in land bearing Survey No. 118, Final Plot No. 200 of Town Planning Scheme No. 8 of the city of Ahmedabad (known as Tadiyapura, Motilal Narandas Chali, Opp. Civil Hospital, Asarwa, Ahmedabad ). The petitioners have also prayed for a writ of mandamus to direct the respondent-Corporation to allot plots of land out of the abovenumbered land at the price at which the land is given to respondent No. 2- Gandhinagar Cooperative Housing Society Ltd. (hereinafter referred to as `the second respondent or Society) and in the alternative, to allot any other suitable land to the petitioners.

( 2 ) THE petitioners case is that for the last 22 years i. e. since 1976-77, the petitioners have been residing in hutments put up by the petitioners on the aforesaid land without any distur

















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