Provide alternative accommodation to the slum-dwellers before eviction - Gujarat High Court to State

 

The Division Bench of Gujarat High Court, comprising Acting Chief Justice A. J. Desai and Justice Biren Vaishnav in the case of Kishorbhai Khimjibhai Mundhava v. State of Gujarat has issued directions to the state government in a PIL filed on behalf of several slum-dwellers in Ahmedabad City to provide alternative accommodation to the slum-dwellers under the Regulations for Rehabilitation and Redevelopment of the Slums, 2010, or under any other housing scheme framed by the government for Economically Weaker Sections (EWS) and urban poor.

Submission of the Petitioner

The Counsel appearing on the behalf of the petitioner submitted that they are occupying lands and apprehended that they shall be removed from the aforesaid plot without implementing the Rehabilitation Scheme of 2010 framed by the State Authorities exercising powers under the Town Planning Act.

Submission of the Respondent

The Counsel appearing on the behalf of the respondent submitted that the case of those persons whose names have been referred to the petition shall be considered if each one of them file appropriate application along with necessary documents for availing the benefits under the rehabilitation scheme.

Reasoning and Decision of the Court

The Court considered the submissions of both the Counsels and dispose of this petition by following directions:

1. That the petitioners with relevant documents should approach to the respondent Ahmedabad Municipal Corporation by way of the representation within a period of two weeks to avail the benefits under the scheme.
2. The respondent authorities shall decide the representation in accordance with law and after examining each case and shall grant the benefit if they are entitled under the scheme.
3. The same exercise shall be completed within a period of four weeks from the date of submitting the application.

Therefore the Court disposed of the writ petition with the above observations.

 

Case Details

Case:- R/WRIT PETITION (PIL) NO. 27 of 2023

Petitioner:-  Kishorbhai Khimjibhai Mundhava 

 

Respondent:- State of Gujarat

Judge: Acting Chief Justice A. J. Desai and Justice Biren Vaishnav

 

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