The respondent authority is the lawful owner of the Final Plot No. 49 and therefore, unauthorized constructions of tin sheet sheds with iron angles and guarders are without any authority of Rules and By laws under Rule 6 of Chapter 12 of the Building Regulations under the Act, 1949, therefore, required to be removed and has rightly removed.

JUDGMENT :

1. Rule. Learned AGP Ms.Bhatt waives service of notice of rule for respondent no.1 and learned advocate Mr.Nanavati waives service of notice of rule for respondent nos.3 and 4.

2. This petition is filed for the following reliefs :

“34.(a) To admit and allow this petition;

(b) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the order dated 29.11.2021 passed by respondent no.4 for the reasons stated in the memo of petition and in the interest of justice;

(c) Pending admission, hearing and final disposal of the present petition, Your Lordships be pleased to stay the execution, implementation and operation of order dated 29.11.2021 passed by respondent no.4 for the reasons stated in the memo of petition and in the interest of justice;

(d) Your Lordships may grant ad-interim relief in terms of prayer clause para 34(c) above;

(e) xxxx”

3. The brief facts giving rise to this petition, as mentioned in the petition, are as under:

3.1 That the petitioners are stall owners and such construction is kachcha construction of tin shed fixed with iron angles and plinth has been provided of cement concrete; that the land bearing survey no.55 of mouje Umarwada Taluka Dhoryasi, District Surat was in possession of one Meghabhai Sodhabhai, Maniben Narsinh and Mahendra Narsinh and Krishnakumar Agrawal and Kazimbhai Chikuwala; that they have taken the said land on lease basis; the land, in fact, belongs to Parsi Panchayat which was in possession of Meghabhai Sodhabhai, Mahendra Narsinh and Maniben Narsinh and from them the petitioners have taken the land admeasuring 20,133 sq.mtrs.; in all there are 103 sheds erected and allotted to the members who have contributed equal share for erection of tin sheds; for administration of the market, a society was registered in the name of the Surat Wholesale Fruit Vecharanaoni Sahakari Mandali Ltd. which was registered vide registration no.2964 dated 20.8.1996; Mahendra Narsinh and Maniben Narsinh have got land by virtue of tenancy rights; since 1992 the petitioners and other members of the Surat Wholesale Fruit Vecharanaoni Sahakari Mandali Ltd. are doing business of wholesale fruits and nobody has raised any objection at any point of time; that even the Parsi Panchayat has never given any notice to the petitioners nor taken any steps nor entered into any correspondence.

3.2 It is further stated that the Government of Gujarat declared intention to frame T.P.Scheme No.34 (Magob-Dumbhal); that behind the land on which the wholesale market is situated, there is a khadi (water body) from where excess rain water is passing and meets the sea; that the documents of lease and agreements executed with the members and persons who are in possession of land bearing Survey No.55 of Mouje Umarwada upon which present wholesale fruit market is constructed are drowned in the flood of 2006 and all the documents are drowned in the said flood and there was water for three days more than 10 feet water where the petitioners’ shops were located;

3.3 It is further stated that the Government of Gujarat has extended the limits of Surat city and village Umarwada and nearby villages have been included in the area of Surat Municipal Corporation and in the year 1999 TP Scheme (Magob-Dumbhal) was approved by the Government of Gujarat and final T.P.Scheme has been approved by the government on 3.7.2012; that village Umarvada and nearby villages have been included in the area of Surat Municipal Corporation; that the members of the society have been given electric connection by Torrent Power Ltd (erstwhile Surat Electricity Co.Ltd.) and all the sheds are having their separate electric connection; that Surat Municipal Corporation has been issuing bills for property tax to all the shed owners/petitioners; that the respondent no.3 Surat Municipal Corporation has never issued any notice from 1991 till 2021 to the petitioners for the so called illegal constr