ORAL ORDER

1. These petitions are filed under Article 226 of the Constitution of India with the prayers as under :

Prayers of Special Civil Application No. 8680 of 2022 (A) Be pleased to hold that the Surat Municipal Corporation can not do “Bulldozing” or demolition drive on private or Govt. land without giving any statutory notice under any law and same is very undemocratic way, and without giving opportunity to be heard for his slum-hutment known in the area Ward No. 17B, Nondh No. 558, paiki 15x45 feet land bearing SMC Tenement No. 17B-91-0872-0-001 of Village Choryasi of Surat City cannot be bulldoze/domolished in the interest of justice.

(B) Be pleased to direct the respondents herein particularly respondent No.2 herein not to “Bulldoze” the house of petitioner in the area Ward No. 17B, Nondh No. 558 paiki 15x45 feet land bearing Tenement No. 17B-91-0872-0-001 of Village Choryasi of Surat City without giving any notice and hearing in the interest of justice.

(C) Be pleased to dispense the type copy of annexure and affidavit of petitioner in the interest of justice.”

Prayers of Special Civil Application No. 8681 of 2022 (A) Be pleased to hold that the Surat Municipal Corporation can not do “Bulldozing” or demolition drive on private or Govt. land without giving any statutory notice under any law and same is very undemocratic way, and without giving opportunity to be heard for their slum-hutment known in the area Ward No. 16D, Nondh No. 558, paiki 12x15x4 feet land (four huts) being huts Nos. 535, 567, 424, 468 of petitioner Nos. 1 & 2 and area of 12x15x2 feet of petitioner No.3 in ‘Subhasnagar Zupadpatti’ Village-Choryasi of Surat City cannot be bulldoze/domolished in the interest of justice.

(B) Be pleased to direct the respondents herein particularly respondent No.2 herein not to “Bulldoze” the house of petitioners in the area Ward No. 16D, Nondh No. 558 paiki 12x15x4 feet land (four huts) being huts Nos. 535, 567, 424, 468 of petitioner Nos.1 & 2 and area of 12x15x2 feet of petitioner No.3 in ‘Subhasnagar Zupadpatti’ of Village- Choryasi of Surat City without giving any notice hearing in the interest of justice.

(C) Be pleased to dispense the type copy of annexure and affidavit of petitioner in the interest of justice.”

2. Mr. Samir Pathan, learned advocate appearing for the petitioners submitted that it is only on account of involvment of one individual in a criminal activity that the demolition of the hutments located in this particular area has taken place. Learned advocate for the petitioners submitted that the petitioners are only the family members, who are not involved in the offence, but because of the criminal activities which has taken place in the area and one of the accused persons is residing there, the action of demolition has been taken. It is submitted that the petitioner of Special Civil Application No. 8680 of 2022 is now named as accused in the FIR during the course of investigation.

3. At the outset, learned advocate appearing for the respondent – Corporation, filing the afÏdavit of the Corporation, states that the action is drived by the police authorities to curtail the illegal activities and only logistic support is provided by the respondent – Corporation, on the basis of communication given by the police authority to the respondent - Corporation and therefore, no action has been contemplated by the Corporation under the provisions of the BPMC Act.

4. The Court has heard learned advocates for the parties and has taken into consideration the documents on record. The documents indicate that “Kabja Rasheed” and agreement to sale in connection with some plots in favour of the three petitioners in one petition and the single petitioner in another petition. However, there is nothing on record of this Court to indicate that either of the petitioners have been recognized as the occupants of the premises in question. In absence of any specific document and averments with regard to the nature of the occupancy of th