Gujarat High Court Directs Ahmedabad Municipal Corporation To Consider Slum Dwellers' Representation For Rehabilitation Before Eviction

The division bench of the Acting Chief Justice A. J. Desai and Justice Biren Vaishnav disposed of the PIL by issuing following directions:

1. It would be open for each of the slum dwelling unit holder referred at Annexure-A to the petition with relevant documents to 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.
4. Each of the applicant shall file an undertaking before this Court that they shall vacate the land in question if the application for the benefits available under the scheme of 2010 is rejected by the corporation.
5. All the parties to the present proceedings shall maintain status quo with regard to the property in question till the possession of alternative place is granted to those eligible persons.

The petitioner earlier contended before the court that there is an apprehension that the said slum dwellers may be removed from the plot in Ahmedabad City without implementing the Rehabilitation Scheme of 2010 framed by the State exercising powers under the Town Planning Act.

Hence, the petitioner sought directions for providing alternative accommodation to the slum dwellers. It was submitted on behalf of the Ahmedabad Municipal Corporation (AMC) that case of those persons whose names have been referred at Annexure:A to the petition shall be considered if each one of them files appropriate application along with necessary documents for availing the benefits under the rehabilitation scheme.

It was further submitted that the case of the each of the slum-dweller shall be considered in accordance with the scheme and shall be granted alternative place if they are entitled under the scheme.

Case Title: Kishorbhai Khimjibhai Mundhava v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 80

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