ORDER : Sunita Agarwal, C.J. 1. Having heard the learned counsel appearing for the parties and perused the record, we find that the submissions of the learned advocate appearing for the Nagar Palika is based on the observations and directions contained in the orders dated 20.12.2021; 16.06.2022; 28.06.2022 and lastly on 13.07.2022 passed by this Court in the present set of appeals. 2. We may note that the appellants namely the original petitioners are 84 in numbers [in two sets of appeals], who claim to be occupiers of the shops in question on a lease given by the Nagar Palika namely Kalol Nagar Palika, Kalol, Gandhinagar. There are rival allegations of the parties, inasmuch as, the contention of the respondent – Nagar Palika is that the original lessees have parted away with their leasehold rights in the shops in question and third parties rights have been created without the permission of the Nagar Palilka. Whereas the petitioners [84 in numbers] who are occupiers of the shops in question would submit that they are entitled to either continue to occupy the shops in question or are eligible for allotment of alternative accommodation by the Nagar Palika as they cannot be termed as unauthorized occupants being the lessees or their heirs or transferees from the original lessees from whom rent has been accepted by the Nagar Palika. 3. In various orders passed by this Court as noted herein above, it was noted that the dispute was with regard to the fact of the occupation of the shops in question by the original lessees or their heirs. The case of the Nagar Palika is that the Nagar Palika had stopped receiving rent from the occupants on or after 31.03.2008. However, it is admitted that the lease of none of the occupants who had paid rent to the Nagar Palika upto 31.03.2008 had been cancelled. The further contention of the learned counsel for the Nagar Palika is that the original leases have already been cancelled in the year 1979, however, it would be of no relevance in view of the admission of the Nagar Palika that the occupants at the relevant point of time had paid rent and it was accepted by the Nagar Palika uptil 31.03.2008. This Court finds it pertinent to note that with the receipt of the rent by the Nagar Palika without any demur from the occupiers, the relationship of landlord and tenant stood established. The Nagar Palika cannot be permitted to contend that the occupiers from whom the rent was receiving by the Nagar Palika upto 31.03.2008 are to be branded as unauthorized occupants or can be termed as the lessees who were illegally occupying the shops after their leases were cancelled. 4. It would also pertinent to note that in the order dated 28.06.2022 passed in this appeal, a direction was issued to the Nagar Palika to carry out an exercise for providing alternative accommodations to the original occupants from whom the Nagar Palika [Kalol Municipality] was accepting the rent upto 31.03.2008. 5. It seems that, thereafter, some inquiry was conducted by the Nagar Palika and from the order dated 13.07.2022 of this Court, it is pertinent is to note that there was a factual dispute with regard to the occupation of the shops in question by the original occupants or their legal heirs who had paid rent to the Nagar Palika up till 31.03.2008. The rival contentions of the learned advocate for the appellants about the right of the occupants to seek allotment of alternative accommodation vis-a-vis stand of the Nagar Palika that after 31.03.2008, some of the shops in question were handed over to the third parties by the original occupants, have been noted in the order dated 13.07.2022 6. We may record that it is vehemently contended by the learned advocate appearing for the Nagar Palika that an inquiry has been made in light of the observations made in the order dated 13.07.2022 passed by this Court with regard to the claims of few of the occupants and an order dated 01.08.2022 has been passed by the Chief Officer, Nagar Palika, which has been brought on record by means of the affidavit dated 06.09.2022. Vide communication dated 24.08.2022, the State Government has permitted to make allotment of 23 alternative shops available with the Nagar Palika to the occupants with respect to whom there is no dispute about right to occupy, raised by the Nagar Palika. It is submitted that the said shops could be allotted only on the undertaking given by the occupants that they would vacate the existing shops within the time prescribed. It is submitted that the said shops could be allotted only on the undertaking given by the occupants that they would vacate the existing shops within the time prescribed. However, it is contended that with the passage of time, out of 23 occupants who were originally found to be eligible occupants from whom the Nagar Palika was accepting rent upto 31.03.2008, even have parted away with their possession and handed over occupation of their shops to third parties. 7. In so far as the claim of the Nagar Palika that it had stopped receiving rent in the year 2008 asking the occupants to vacate the shops in question as the area in question is required for the purposes of road widening, the specific submission of the learned counsel for the Nagar Palika is that the apprehension of the petitioners/occupants that these shops would be allotted to someone else or leased-out, after vacation of the same by the present occupants, is wholly unfounded. 8. As regards the contention of the learned counsel for the petitioners/appellants that as per the order of State Government dated 24.08.2022, the allotment of alternative shops to the occupants is onerous, inasmuch as, the Nagar Palika is demanding Rs.5,00,000/- [Rupees Five Lakhs] for allotment of each shops from the eligible occupants, pertinent is to note that the shops in question are in the nature of kiosk/ temporary sheds located at the side of the road, whereas the alternative shops offered to the eligible occupants are in a shopping complex of the Nagar Palika. The occupants who are occupying the shops in question since after 2008 inspite of repeated requests made by the Nagar Palika to vacate the same, cannot be permitted to raise any grievance with regard to the demand made by the Nagar Palika for allotment of new shops in the shopping complex pursuant to the order dated 24.08.2022 passed by the State Government. 9. We may only record that this arrangement has been made in order to accommodate the existing eligible occupants, and balancing the interest of the parties, the shops in question are permitted to be allotted without any auction under the order dated 24.08.2022 passed by the State Government. 10. 9. We may only record that this arrangement has been made in order to accommodate the existing eligible occupants, and balancing the interest of the parties, the shops in question are permitted to be allotted without any auction under the order dated 24.08.2022 passed by the State Government. 10. We may also take note of the submission made by the learned counsel for the petitioners herein/appellants that the appellants had paid rent uptil the year 2022 under the interim orders passed by this Court in the present appeal and hence, they are eligible for allotment of alternative accommodation. 11. In this regard, a perusal of the order dated 16.06.2022 passed by this Court itself makes it clear that this Court has clarified that the deposit of rent for the period of occupation after 31.03.2008 by the current occupants to the Nagar Palika will not confer any right in their favour. In any case, the consideration of the claim of the petitioners/appellants for allotment of alternative accommodation in light of the order of the State Government dated 24.08.2022 has to be made keeping in mind the claims of original occupants from whom Kalol Nagar Palika had accepted rent upto 31.03.2008. Any claim made by any of the occupants, only because of payment of rent thereafter, cannot be considered for allotment, as no right accrued in their favour by payment of rent for period of occupation under the interim orders of this Court. 12. Considering the above, we find that a factual inquiry is required. It is difficult for us to make any observation on the basis of the orders passed by this Court in the year 2022, about three years back. Thus, in order to resolve the issue to its logical end, we are of the considered view that a fresh inquiry is required to be made at the ends of the Nagar Palika so as to determine as to out of 84 petitioners/ appellants, how many are entitled for alternative accommodation. Such an inquiry is to be made with respect to the rights of each of the petitioner/ appellants for finding out as to whether they will be covered within the meaning of the original occupants from whom the Nagar Palika had accepted rent upto 31.03.2008 or whether they have inherited right to occupy the shops in question being the heirs or legal representatives of the aforesaid original occupants. 13. 13. We, therefore, dispose of the present appeals with the directions as follows:- (1) Each of the petitioners/appellants herein shall be required to file their individual claim for allotment of alternative shop(s) by presenting relevant documents/ information alongwith the copy of this order, so as to facilitate the Nagar Palika to find out as to whether they would fall within the meaning of the original occupants or heirs and legal representatives of the occupants, from whom the Nagar Palika had accepted rent uptil 31.03.2008. (2) On filing of such individual applications within the period of three weeks from today alongwith the copy of this order, before the Chief Officer, Kalol Nagar Palika, fresh consideration shall be made by passing reasoned and speaking orders individually, strictly in accordance with law, preferably within a period of four weeks from the date of receipt of such application. Personal hearing shall also be provided to each of the applicants on the presentation of such an application within the time given herein above. (3) It goes without saying that the claims of the petitioners/appellants shall be duly considered by the Chief Officer, Kalol Nagar Palika and those occupants who are found eligible for allotment of alternative shops as a result of the exercise, appropriate allotment orders shall be passed immediately thereafter, on such terms and condition as deem fit, considering the order dated 24.08.2022 passed by the State Government. (4) With regard to such petitioners/ appellants whose cases do not find favour with the Nagar Palika, individual orders deciding their claims shall be immediately communicated to each one of them. (5) The petitioners/appellants are expected to cooperate in the inquiry to be conducted by the Chief Officer, Kalol Nagar Palika. (6) For those whose cases are not accepted by the Nagar Palika being ineligible, it would be open to give a reasonable time to vacate the shops in question in their occupation. 14. We may clarify that this Court has not expressed any opinion on the merits of individual claims. However, the Chief Officer, Nagar Palika shall be under obligation to pass fresh orders with respect to the claims of each of the applicants – petitioners/appellants herein keeping in mind of the observations and directions given herein above.