This petition, under Article 226 of the Constitution of India, has been filed with the following prayers:
"(A) This Hon'ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ, order and/ or direction and may be pleased to direct the respondents and their agents, servants, officers etc. to regularize the petitioners construction situated in City Survey No.317 Paiki admeasuring 0-31-35 sq.mtrs. On appropriate terms and conditions, which may be imposed by this Hon'ble Court and/or decided by the respondents and the petitioners respective constructions may be regularized and their respective names may be included in the property card as the owner of the property of their respective construction;
(B) This Hon'ble Court may be pleased to issue writ of mandamus and/or any other appropriate writ, direction and order and may be pleased to quash and set aside the order dated 26-12-2011 passed by the City Survey Superintendent with respect to the petitioners;
(C) AND/ OR in the alternatively this Hon'ble Court may be pleased to issue writ of mandamus and/or any other appropriate writ, direction and order directing the respondents and their agents, servants, officers etc. to allot the alternative site to the petitioners and also give reasonable time to put up the construction on allotment and then after shifting the petitioners on the new allotted place, appropriate action may be taken, if required;
(D) Pending admission, hearing and final disposal of this application, this Hon'ble Court may be pleased to stay the further implementation, execution and operation of the order dated 26-12-2011 passed by the City Survey Superintendent;
(E) Pending admission, hearing and final disposal of this application, this Hon'ble Court may be pleased to restrain the respondents and their agents, servants, officers etc. from removing the residences/ houses of the petitioners situated on the land of City Survey No.317 Paiki of Siddpur, as per Annexure-E;
(F) Pending admission, hearing and final disposal of this application, this Hon'ble Court may be pleased to direct the respondents to offer plot of 25 Square Meter land to the petitioners Nos.1 to 19, who are the small shop keepers and doing their small business as the other petitioners are offered by the respondents as per letter dated 16-2-2012;
(G) Any other and further relief/s deem fit, just and proper may kindly be granted by this Hon'ble Court in the interest of justice."
The petitioners have challenged the Notice dated 16.02.2012 and the order dated 26.12.2011, passed by the City Survey Superintendent, Siddhpur. Mr.Nilesh A.Pandya, learned advocate for the petitioners concedes that an alternative statutory remedy is available to the petitioners. However, it is submitted that the petitioners were informed yesterday that their houses would be demolished tomorrow, therefore, to enable them to approach the Competent Authority for availing the statutory remedy, the Court may grant some protection.
Having heard the learned counsel for the petitioners and without expressing any opinion upon the averments made in the petition or the merits of the case, the following order is passed:-
The petitioners are at liberty to approach the Competent Authority for availing of the alternative remedy. The respondents shall not take any coercive action against the petitioners for the period till 07.03.2012, within which period, it is expected that the petitioners will move the Competent Authority. In case the petitions do not move the Competent Authority on, or before, 07.03.2012, the protection granted by this Court shall not operate.
It is clarified that protection has been granted to the petitioners only with a view to enable them to approach the Competent Authority and the merits of the case have not been touched by this Court. The Competent Authority shall consider and decide the cases of the petitioners, in accordance with law.
The petition is disposed of in the above terms. Direct Service of this order, today, is permitted.
(Smt.
Abhilasha Kumari, J.) (sunil) Top