'Is This The Feeling You Carry After 70 Yrs?' Gujarat High Court To Shopkeepers Opposing Vacation For Junagadh Museum Restoration

The Gujarat High Court on Tuesday (October 7) orally questioned the shop-keepers, stated to have migrated from Pakistan, opposing vacation of premises for restoration work at Junagadh Museum.During the hearing the court orally remarked that when petitioners' were granted an accommodation during independence, at that time the situation was all together different, adding that "Is this the feeling you carry for your country, after having passed 70 good years?". This, when the petitioners had run their business and made profits, it said. The counsel appearing for the 11 petitioners' submitted before Justice Mauna M Bhatt, "...they all have shops for the last 75 years beside Junagadh museum. They have been served with demolition notices". He argued that the petitioners have challenged the demolition notices, on the ground that there is a 1976 notification by the government specifically meant for the petitioners to give them an alternative land before they are to vacate the current premises. When court asked about the petitioners' right over the property, the counsel said that petitioners "do not have any title". He referred to a 1976 notification and said that while it was never implemented, but the petitioners were also not asked to leave from the premises therefore there was no dire need to implement the same. He said that as per the reply of Junagadh Municipal Corporation, it "does not rebut the aspect of the petitioners being given the alternative premises". When asked why were notices issued to the petitioners' the counsel said, "In the peripheral wall of the Old fort in Junagadh, the petitioners have shops...in the famous textile market. The museum is required to be renovated. The municipal corporation does not say that they want us to go out. They are saying that it is matter of safety and concern that during the process of renovation of the fort, the debris may fall over the petitioners' shops". To this the court orally said, "they want to preserve this Darbar Hall. It is a city hall".The counsel thereafter said, "In the past the government has also laid down a displaced persons pool under the Displaced Persons Act 1954, where we (petitioners) have been considered as displaced persons...Sindhi persons who came from Pakistan. Now this Sindhi population has been doing business in Junagadh".The court thereafter orally said, "Earlier the situation was different. At the time of independence the situation is different. After having independence you have passed 70 good years...See the situation at the relevant point of time was all together different. You were given some kind of accommodation, whereby without any rights you have created a right over the property? Now you are saying that it may not be vacated, even for the purpose of restoration? Is this the feeling which you carry for your country, after having passed 70 good years?".The counsel said that the petitioners have been paying municipal tax. At this stage the court orally said that there is a settled law on the point that payment of property cess will not create a right over the property. "They are only asking you please vacate the premises for restoration, and this is the courtesy you are showing for your country? 70 years have passed what you did? Have you not generated profit out of your business? Have you not developed a second shop?..." the court orally said. Meanwhile the counsel submitted that the petitioners had prayed for implementation of the 1976 notification.To this the court orally said, "You are asking this notification of 1976 to be implemented in 2025. Look at the situation. Is it creating any perpetuity? Notification would prevail over statutory Act? It was at that time, considering the situation and considering the migrants. Thats what it refers to. Now you have independence, you want that notification to prevail over the law?". After hearing the matter for some time the court adjourned it till after Diwali vacation. Case title: GANSHYAMBHAI KHUSHALDAS TALVANI & ORS. V/S STATE OF GUJARAT & ORS.R/SCA/14555/2024

'Is This The Feeling You Carry After 70 Yrs?' Gujarat High Court To Shopkeepers Opposing Vacation For Junagadh Museum Restoration

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