JUDGMENT :

The petitioners, are aggrieved by the redevelopment work of "the old slum quarters", situated at TP Scheme-25, Final Plot No.34 at Khokhra, Ahmedabad on the ground that such redevelopment is without providing any details/information to the petitioners; not providing any audience; and inaction on the part of the respondent no.2 – Ahmedabad municipal Corporation (hereinafter referred to as ‘the Corporation) in not deciding the representation made by the petitioners without justifiable reason and carrying on with the redevelopment process without following due procedure of law.

2. The facts are to the effect that the petitioners were allotted and transferred ownership of the old slum quarters situated on Final Plot No.34 at Khokhra. There are 17 blocks comprising of 450 houses/families who have been residing there since 50 years. According to the petitioners, the petitioners are maintaining their houses on their own and therefore, the houses of the petitioners are well maintained and do not require any redevelopment at the hands of the respondent Corporation. That recently, the petitioners came to know about the process of redevelopment initiated by the respondent Corporation, without the knowledge and consent of the petitioner.

2.1 On 22.6.2021, it also came to the knowledge of the petitioners, that notice was issued by the respondent Corporation, requiring the petitioners to make the documents of ownership available and about participation in the cheque distribution process. The petitioners were completely baffled on seeing the notice, pursuant whereof, one of the petitioners through his advocate, issued a notice dated 1.7.2021. The respondent no.3 – Nila Infrastructure Ltd. gave a reply dated 15.7.2021, informing about the redevelopment process undertaken by it as per the work order issued by the respondent Corporation.

2.2 The petitioners made a detailed representation to the respondent Corporation on 23.7.2021, inter alia, raising their grievances and seeking the details/Information about the process being undertaken behind the back of the petitioners. Various information were sought for, namely, (i) Certificate or details of the survey carried out by the certified, qualified Government recognised authorise agency;(ii) consent of 60% of the members as required under the policy. The petitioners have also sought for clarification on other aspects, namely, the documents required for the process as a transfer or ownership; details of the area of houses, which would be allotted including the facilities provided along with; the provisions for facilities like water, sewerage, light etc.; the purpose for issuing the cheque in absence of any agreement between the parties so on and so forth. It is the case of the petitioners that the entire process of redevelopment, has been undertaken by the respondent Corporation, showing undue haste and without following the due procedure of law, so also without the participation of the beneficiaries. Therefore, the petitioners issued notice on 12.8.2021 to the respondents, calling upon them to provide necessary information, details as sought for. The respondents were further called upon to provide details/documents pertaining to the compliance of the provisions of Gujarat Provincial Corporation Act, 1949 and more particularly, Sections 268, 469, 474, 260 and 264. The petitioners also requested for giving a personal hearing after receipt of the documents as desired.

2.3 To the shock and surprise of the petitioners, the petitioners received a final notice dated 13.8.2021, requiring the petitioners to vacate the premises and only information revealed by the respondent no.3 was that the entire area is going under redevelopment as 60% of the residents have given the consent. The petitioners were cautioned that if they do not vacate the premises, then it would be presumed that the petitioners are not desirous of availing the benefit of redevelopment. The petitioners have submitted various represen