Nagpur High Court Intervenes, Grants Interim Stay on NMC's Eviction Notice for Sadar Shopkeepers
In a significant development, the Nagpur Bench of the Bombay High Court has provided crucial interim relief to a group of shopkeepers facing eviction. On Thursday, the court granted a one-day stay on the Nagpur Municipal Corporation's (NMC) notice that directed eleven shopkeepers operating at Poonam Chambers in the Sadar area to vacate their premises. This judicial intervention effectively restrains the civic body from taking any coercive action or proceeding with demolition activities until February 6.
Legal Challenge Against Abrupt Eviction Directive
The court's decision came in response to a petition filed by Vinod Duseja and other affected shopkeepers, who were represented by their counsel Shyam Dewani. The petitioners challenged the show-cause notice issued by the municipal corporation on January 30, which they received on February 2. This official communication demanded that they vacate the premises located at Khasra No 116 on Chhindwara Road. Before approaching the judicial authorities, the traders had submitted their formal reply to the civic body on February 4, demonstrating their compliance with procedural requirements.
A division bench comprising Justices Anil Kilor and Raj Wakode carefully considered the matter and recorded that no action should be taken on the controversial notice until the case is listed before the appropriate bench on February 6. This temporary protection provides the shopkeepers with essential breathing space to present their case more comprehensively.
Shopkeepers' Arguments: Violation of Natural Justice and Fundamental Rights
The petitioners presented compelling arguments before the court, emphasizing their lawful possession of the shops for several years. They contended that the abrupt directive to vacate within a mere four-day period constituted a clear violation of established principles of natural justice. The shopkeepers specifically referenced Supreme Court directives concerning demolition and eviction procedures, arguing that "no demolition or eviction can be carried out without proper prior notice" and that the civic body's action directly contradicted these essential safeguards.
Furthermore, the petitioners invoked Article 21 of the Constitution of India, which guarantees the fundamental right to life and personal liberty. They asserted that their right to shelter and livelihood would be directly and severely affected by the proposed eviction. Their legal plea stated, "Such action would cause irreparable mental and financial harm that cannot be compensated monetarily," adding that the unreasonably short timeline provided by the NMC amounted to a violation of their fundamental rights.
Connection to Pending Court Petitions
The shopkeepers also highlighted an important contextual element in their petition. They pointed out that the eviction notice appears to be connected to two pending petitions already before the court. In those separate cases, petitioner Vijay Babhare has sought the demolition of alleged illegal constructions at various sites, including locations in front of the Vidhan Bhavan in Civil Lines and at Poonam Chambers in Byramji Town within the cantonment area. The traders argued that the present eviction action must be considered within the broader context of these ongoing judicial proceedings, suggesting that their situation should not be addressed in isolation from related legal matters.
This interim stay represents a temporary victory for the shopkeepers, who now await the February 6 hearing where their arguments will be examined in greater detail. The case underscores the ongoing tension between urban development initiatives and the protection of established livelihoods, with the judiciary playing a crucial role in balancing these competing interests while ensuring procedural fairness and constitutional protections.
