HONOURABLE MR.JUSTICE K.A.PUJ

1. Since all these petitions involved a common issue and challenge in the petition is also common and since they are heard together, they are being disposed of by this common judgment and order.

2. Special Civil Application No.19236 of 2005 is filed by 95 persons and the petitioners have prayed for quashing and setting aside the order dated 21.09.2004 passed by the Collector, Banaskantha. The petitioners have also prayed for the declaration that they are flood affected persons and are not encroachers. They have further prayed for the direction to the respondent authorities to permit them to carry out their business without any hindrance or disturbance at their respective shops. Rule in this petition was issued on 21.09.2005 and it was directed to be heard with Special Civil Application No.7550 of 2004.

3. Special Civil Application No.19473 of 2005 is filed by 13 persons and more or less same prayers are made by the petitioners. This petition was admitted and rule was issued on 26.09.2005 and it was ordered to be heard along with Special Civil Application No.7550 of 2004.

4. Special Civil Application No.19660 of 2005 is filed by 8 persons and petitioners have made virtually same prayers in this petition. The petition was admitted and rule was issued on 27.09.2005 and it was ordered to be heard along with Special Civil Application No.7550 of 2004.

5. In Special Civil Application Nos. 5680 to 5686 of 2009, challenge to the order dated 21.09.2004 passed by the District Collector, Banaskantha is made at a belated stage and the petitioners have prayed for the direction to the respondent authorities to consider their case as they are similarly situated persons whose cases have already been considered and they have shown their willingness to abide by the terms and conditions as in those cases. All these petitions were directed to be heard along with Special Civil Application Nos.19236 of 2005, 19473 of 2005 and 19660 of 2005.

6. One of the main reasons which prompted the petitioners to file all these petitions before this Court is that one Mr. Jayantilal Varaiya had filed Special Civil Application No.7550 of 2004 treating it as Public Interest Litigation, praying for removal of encroachments from two public roads in Dhanera town, namely, (i) S.T. Road to Ganj Bazaar and (ii) S.T. Road to Railway station. This Court vide its order dated 02.07.2004 passed in the said petition directed the Collector, Banaskantha to inquire into the matter and hear the encroachers, pass orders for removal of encroachers and file report in the Court. In pursuance of the said order, the Collector, Banaskantha, in or around July 2004, issued notices to the petitioners calling upon them to offer their explanation as to why they are not removed from their respective premises / shops treating them as encroachers. The petitioners have submitted their reply to the notice of the Collector stating therein that they are not the encroachers and are in legal possession of their shops and/or premises. The petitioners have also moved Civil Application No.5602 of 2004 in Special Civil Application No.7550 of 2004 for impleading them as party ? respondents and accordingly, they were joined as respondents in the said petition. The Collector, Banaskantha thereafter passed an order on 21.09.2004 treating them as encroachers and directing to remove them from their shops and/or premises. The said order of the Collector has not been implemented till this date, initially because of the pendency of Special Civil Application No.7550 of 2004 and thereafter either on the basis of the statement made on behalf of the respondent or because of the protection granted by this Court.

7. Mr. Y.N. Oza, learned Senior Counsel with Learned advocates Mr. Mehul Rathod with Mr. Ashish M. Dagli, Mr. Saurabh Mehta appeared on behalf of the petitioners in all these petitions.

8. Mr. Oza, tracing out the history in support of the petitioners' valid possession, ha