Gujarat High Court
Parshottambhai Naranbhai Vaghela vs State Of Gujarat & 3....Opponent(S) on 15 June, 2016
Author: R.Subhash Reddy
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/WPPIL/113/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 113 of 2016
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PARSHOTTAMBHAI NARANBHAI VAGHELA....Applicant(s)
Versus
STATE OF GUJARAT & 3....Opponent(s)
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Appearance:
MS DIPMALA S DESAI, ADVOCATE for the Applicant(s) No. 1
MS SHILPA R SHAH, ADVOCATE for the Applicant(s) No. 1
ADVANCE COPY SERVED TO GP/PP for the Opponent(s) No. 1
MR SATYAM Y CHHAYA, ADVOCATE for the Opponent(s) No. 3
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH
REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 15/06/2016
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)
1. This petition is filed by way of public interest litigation with the following reliefs which read as under:
"12(A) The Hon'ble Court may be pleased to issue appropriate writ, order or direction directing the respondents to rehabilitate and relocate the aggrieved 54 families who are the victims of the illegal demolition drive, in-situ i.e. at the same place and also provide them with basic amenities and facilities, in the interest of justice;
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(B) The Hon'ble Court may be pleased to issue appropriate writ, order or direction directing the respondent authorities to organize a camp and issue residential proofs and various documents which are the requirement for identifying them as permanent residents residing at the disputed site since years, in the interest of justice;
(E) The Hon'ble Court may be pleased to issue appropriate writ, order or directing quashing and setting aside the impugned notices dated 30.5.2016 (Annexure-A) issued to these 54 families of Safai Karmacharis, in the interest of justice;
(F) The Hon'ble Court may be pleased to grant such other and further relief(s), as may be deemed fit and proper, in the interest of justice;
Interim Prayer Pending the disposal of the Public Interest Litigation, this Hon'ble Court may be pleased to restrain the respondent from carrying out the demolition drive at T.P.Scheme No.4, Vejalpur Plot No.185, Besides Ishan Tower, Near Ratnakar Tower, Prernatirth Road, Satellite Ahmedabad and further be pleased to stay the impugned notices dated 30.5.2016, in the interest of justice."
2. It is the case of the petitioner that 54 families of Safai Karmacharis are residing at T.P.Scheme No.4, Vejalpur Plot No.185, Besides Ishan Tower, Near Ratnakar Tower, Prernatirth Road, Satellite, Ahmedabad. It is alleged that the said families are residing since last 15 years. As the respondents are taking steps for Page 2 of 6 HC-NIC Page 2 of 6 Created On Sat Jun 18 02:15:55 IST 2016 C/WPPIL/113/2016 ORDER eviction without considering their cases for rehabilitation, this writ petition is filed.
3. When the matter had come up on earlier occasion, learned counsel appearing for the third respondent-Corporation was asked to file affidavit-in-reply. Accordingly, affidavit-in- reply is filed.
4. In this case, it is to be noticed that earlier proceedings were initiated with regard to the very same grievance when the affected persons have approached the National Human Rights Commission. Having called for the reports, National Human Rights Commission has passed the order dated 1.3.2016 in the Case No.645/6/1/2012/UC. Paragraph 5 of the said order reads as under:
"5. The Commission has considered the matter. The reports, as above, and the subsequent report filed on 23-02-2016, are taken on record. Statement of the officer present today has been recorded. The Government has categorically stated that the case of Safai Karmacharies (Sanitation Workers) will be considered under the schemes of the Government meant for such categories of poor people, after they apply for the same. Based upon their entitlements under any of the schemes, the Government shall consider such applications on merit. Insofar as the process of eviction is concerned, it appears that due process of law has been followed."
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5. On instructions, it is submitted by
learned counsel appearing for the third
respondent that though eviction was held to be after following due process of law by the National Human Rights Commission, as the petitioners continued in illegal possession of the plot in question, the third respondent- Municipality has issued notice for eviction.
6. From the perusal of paragraph 5 of the order dated 1.3.2016, with regard to the very same subject matter in the complaint before the National Human Rights Commission, it is clear that the affected persons were permitted to approach the government to consider their claims for rehabilitation and the schemes of the government were meant for such categories but no material is placed before this Court showing that they have approached the government in terms of the observations made in the order dated 1.3.2016.
7. During the course of hearing, it is submitted by learned counsel for the petitioner that though they have approached the authorities several times, they have not considered their cases for rehabilitation but steps are being taken for eviction of the petitioners.
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8. In the petition, it is categorically pleaded that 54 families who were in possession of the disputed site were already given election cards during the elections. If they have election cards or any other proof to substantiate their possession, it is always open to them to approach the government as observed by the National Human Rights Commission in its order dated 1st March, 2016 passed in Case No. 645/6/1/2012/UC. The petitioner has not produced any material showing that these 54 families have approached the competent authorities for their rehabilitation after the order is passed by the National Human Rights Commission. As much as the National Human Rights Commission has already recorded a finding in its order dated 1.3.2016 that the Ahmedabad Municipal Corporation has followed the due procedure before evicting the encroachers, we do not find any merit in the petition for stopping the removal of encroachers.
9. For the aforesaid reasons, we deem it appropriate to dispose of the petition by keeping open to the individuals who are in possession in this petition, to approach the authorities for rehabilitation, if they fit into any of the schemes of the Corporation or any other authorities. If such applications are made by the Page 5 of 6 HC-NIC Page 5 of 6 Created On Sat Jun 18 02:15:55 IST 2016 C/WPPIL/113/2016 ORDER affected persons, we are sure that the same will be considered by the competent authority by looking at the observations made by the National Human Rights Commission in its order dated 1st March, 2016 as referred above.
10. The petition stands disposed of accordingly. No order as to costs.
(R. SUBHASH REDDY, CJ) (VIPUL M. PANCHOLI, J.) Srilatha Page 6 of 6 HC-NIC Page 6 of 6 Created On Sat Jun 18 02:15:55 IST 2016