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AMITAVA ROY,J.

The appellants, ostensibly small scale shopkeepers located in the vicinity of the internationally revered seat of Shirdi Sai Baba at Shirdi Taluq, Rohata, District Ahmadnagar, Maharashtra, face ouster from their sites, being entrapped in the dictates of events since after their suit had been decreed on compromise in the year 1979, securing their right of rehabilitation in the same locality.

2. The contextual facts encompass the issues in all the appeals and permit analogous adjudication.

6. The plot involved contained in Survey No. 1, Hissa No. 1A 1/1A/2B2 of Shirdi Takula Kopargaon, District Ahmednagar and situated near the Sanctum Sanctorum adjacent to Nagar Manmad Road, prior to 30.8.1974, vested in the then Shirdi Gram Panchayat, which had leased out small parcels of land therefrom to the appellants on rent for carrying on their trades. The land was taken over by the State through the Circle Officer, Rahata on 30.8.1974 and as a consequence, though the appellants were ready and willing to pay the rent, the same was not collected from November, 1974. According to them, though by operation of law, they continued to be the tenants under the State Government and were entitled to retain their possession as before, it transpired with time, as visualised by them, that joint efforts were on, of the official respondents and the respondent- Shri Sai Baba Sansthan, Shirdi (for short, hereinafter to be referred to as “Sansthan”) to forcibly evict them from their plot measuring 30 gunthas.

7. Situated thus and being faced with imminent loss of their only means of livelihood, the appellants instituted Regular Civil Suit No. 600 of 1976, in a representative capacity, on behalf of 45 shopkeepers similarly situated, in the court of Civil Judge (Sr. Division), Ahmednagar seeking a declaration that they were lawful tenants of the parcels in their occupation and also for permanent injunction restraining the defendants therein from taking over possession of the same, otherwise than in due course of law. The State of Maharashtra (Revenue Department), Tehsildar, Kopargaon, District Ahmednagar and Shri Saibaba Sansthan Shirdi, Shirdi, Tal Kopargaon were impleaded as defendants. The averments made in the suit would demonstrate that the appellants then had been possessing premises of sizes ranging from 10’ x 7 ½’ and 12’ x 12’.

10. While the matter rested at that, a “Development Plan” of Shirdi was sanctioned by Notification No. D.P. Shirdi/TPV-IV/7334 dated 15.12.1992 of the Director of Town Planning, Maharashtra State, Pune (hereinafter referred to as the development plan) and enforced it on and from 25.2.1993. Thereby an area of 30 gunthas identified as site No. 13 in Survey No. 1 (as involved in the instant proceedings) was shown to be reserved for garden. As the records testify, by Notification No. TPS-1695/996/CR- 83/97/UD-9 dated 27.3.2003 of the Urban Development Department, Government of Maharashtra, this 30 gunthas of land in site No. 13 was bifurcated into two equal parts, northern half measuring 15 gunthas, shown reserved for “Garden” as site No. 13A and the remaining southern half of 15 gunthas shown as reserved for ”Shopping Centre” as site No. 13B. The notification mentioned that the modification was in terms of the proposal submitted by the Nagar Panchayat which had since been upgraded as Municipal Council by the State Gazette Notification dated 16.6.1999. The Notification also clarified that the Nagar Panchayat in laying such proposal, had complied with the formalities to this effect as stipulated by the Maharashtra Regional and Town Planning Act, 1966 (for short, hereinafter to be referred to as “Act 1966”) and was approved by the Director of Town Planning, Maharashtra State, Pune. In terms of this reorientation, the appellants were in occupation of plot No. 13A, as referred to in the above Notification.