Gujarat High Court
Pathan Mohmadkhan Aliyarkhan & 9 vs State Of Gujarat & 3 on 22 November, 2011
Author: J.B. Pardiwala
Bench: Bhaskar Bhattacharya, J.B. Pardiwala
SCA/6280/2005 1/6 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 6280 of 2005
With
CIVIL APPLICATION No. 5864 of 2011
In SPECIAL CIVIL APPLICATION No. 6280 of 2005
With
CIVIL APPLICATION No. 13334 of 2009
In SPECIAL CIVIL APPLICATION No. 6280 of 2005
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PATHAN MOHMADKHAN ALIYARKHAN & 9 - Petitioner(s)
Versus
STATE OF GUJARAT & 3 - Respondent(s)
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Appearance :
GIRISH PATEL ASSOC for Petitioner(s) : 1 - 10.
MR PK JANI, LD.GOVERNMENT PLEADER for Respondent(s) : 1,
RULE SERVED BY DS for Respondent(s) : 1 - 2.
MR KAMAL TRIVEDI, ADVOCATE GENERAL WITH MS.SANGEETA K. VISHEN
WITH MR.ABHISHEK MEHTA FOR M/S TRIVEDI & GUPTA for Respondent(s):3-4.
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HONOURABLE THE ACTING CHIEF JUSTICE
CORAM :
MR.BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 22/11/2011
COMMON ORAL ORDER
(Per : HONOURABLE MR.JUSTICE MR.J.B. PARDIWALA)
1. This Court on 09th September 2011 passed an order to ensure that Sabarmati River Front Project starts fullfledged for which in fact all rehabilitation measures have been taken and the Project Affected Families were directed to occupy their respective allocated units by 31st October 2011. This Court also clarified that those who are still claiming to be allotted rehabilitation, the matter may be verified by Hon'ble Mr.Justice D.P. Buch Committee and that they would shift to other place.
SCA/6280/2005 2/6 ORDER This Court further clarified that, if needed, they may request the respondent-Corporation to point out temporary places till identification is completed by Hon'ble Mr.Justice D.P. Buch Committee. It is evident from the order dated 09th September 2011 that the Court in clear terms observed that in any case the said Sabarmati River Front Area should be vacated by 08th November 2011. It appears that after a week from 08th November 2011, the Corporation undertook a demolition drive wherein all hutments have been now erased.
2. It is at this stage the learned advocate Mr.Shrimali appearing for the hutment dwellers mentioned the matter before us and requested that the matter be take up for hearing urgently as massive demolition drive at the instance of the Corporation is in progress. Upon request made by Mr.Shrimali, we directed the Registry to notify the matter today for hearing at 02-30 p.m. Accordingly, we took up the matter for hearing.
3. A serious grievance has been redressed that the Corporation ought not to have undertaken the demolition drive as 1112 Project Affected Families, who have been actually allocated the flats have not been able to shift and occupy the flats as they are not habitable. According to Mr.Patel substantial work is still to be completed in the said flats and it is not possible for the Project Affected Families to shift to those flats. It is also brought to our notice that so far as batch of 1242 Project Affected Families are concerned, the SCA/6280/2005 3/6 ORDER exercise of identifying the families is under progress and on adducing necessary evidence in this regard, a list will be finalised by the Corporation and those families will also be allocated flats.
4. So far as batch of 1433 Project Affected Families is concerned, as per the earlier order, we had requested the Hon'ble Mr.Justice D.P.Buch Committee to undertake exercise of identifying the families. We are informed that out of 1433 Project Affected Families, the Committee has been able to identify 682 Project Affected Families who can be allocated flats. So far as balance Project Affected Families are concerned, the exercise is under progress.
5. In the above view of the matter, we propose to issue following directions :
(i) So far as 1112 Project Affected Families are concerned, we direct that each of the Project Affected Families shall immediately shift to the allocated flats and take over the possession. Mr.Patel, learned counsel appearing for them, has assured the Court that 1112 Project Affected Families will immediately shift to the flats allocated and will take over the possession.
The learned Advocate General Mr.Kamal Trivedi has assured that whatever pending work is to be undertaken, the same will be completed by 31st December 2011.
SCA/6280/2005 4/6 ORDER In this view of the matter, we direct that so far as 1112 Project Affected Families are concerned, they will immediately take possession and shift to the allocated flats and at the same time direct the Corporation to complete the pending work at the flats by making them habitable.
(ii) So far as second batch of 1142 Project Affected Families is concerned, the learned Advocate General Mr.Kamal Trivedi appearing for the respondent- Corporation states that they can complete the exercise of verification no sooner each of the Project Affected Families produces credible evidence in the form of Ration Card, Voter's Card or Photo Identity Card. We may only say that the Corporation may also take into consideration the evidence like Birth Certificate. We direct that 1242 Project Affected Families shall adduce credible evidence in this regard within a period of two weeks from today. On receipt of such evidence by the Corporation, the Corporation will complete the work of verification by next two weeks. We direct that so far as 1242 Project Affected Families are concerned, the entire exercise shall be completed within a period of four weeks and we also direct the Project Affected Families to fully cooperate with the Corporation in this regard.
(iii) So far as third batch of 1433 Project Affected Families is concerned, we are informed that 682 Project Affected Families have been identified by Hon'ble Mr.Justice D.P. Buch Committee and since they have SCA/6280/2005 5/6 ORDER been identified, there should not be any difficulty for the Corporation to allocate flats to those 682 Project Affected Families. The exercise of identifying the rest 751 Project Affected Families is under progress and as and when it is completed, the Corporation shall take appropriate steps in that regard.
(iv) So far as all those persons who have been evicted for the Sarbarmati River Front Project pursuant to the demolition drive undertaken and who are yet to be allocated flats, they shall be rehabilitated at a particular place for the time being. We clarify that they may be rehabilitated at a place having basic amenities like water supply, electricity supply, etc. The learned Advocate General Mr.Kamal Trivedi states that all these persons shall be shifted to two different places which have been identified as Girdharnagar and Ganeshnagar situated at Asarwa and Piplaj respectively. We direct that the Corporation shall provide all facilities, including transporting the Project Affected Families to the said places along with their household articles. They shall be kept at a particular place till the time entire exercise of verification and identification is completed and they are actually allocated the flats as per the scheme. We also direct the Corporation to see that there are basic amenities like water supply and electricity supply at the said places i.e. Ganeshnagar and Girdharnagar.
The learned Advocate General has shown us the photographs of Ganeshnagar at Piplaj, where the SCA/6280/2005 6/6 ORDER Project Affected Families are to be kept. Total four albums of the said photographs are taken on record of the case.
Direct Service is permitted.
(Bhaskar Bhattacharya, Acting C.J.) (J.B. Pardiwala, J.) Aakar