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2022 Supreme(Guj) 330

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Aravind Kumar, Ashutosh J. Shastri, JJ.
Bandhkaam Mazdoor Sangathan – Appellant
Vs.
State of Gujarat – Respondent
Writ Petition (Pil) No. 59 of 2021
Decided On : 01-02-2022

Advocates:
Advocate Appeared:
For the Parties :Ms. Hetvi Patel Advocate For Mr. Pratikkumar B. Rupala, Ms. Manisha Lavkumar Shah Government Pleader with Mr. K.M. Antani Assistant Government Pleader. Mr. Ramnandan Singh, Mr. Satyam Y. Chhaya, Ms. Archana U. Amin

Headnote:

Constitution of India, 1950 - Article 226, 21, - Indian Trade Unions Act,1926 – Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 - Section 11(1), 43 and 19 - Railway Act, 1989 - Section 147 (2) - (Gujarat Amendment) Act, 2016 - Section 10A - Gujarat Slums (Improvement, Abolition and Rehabilitation) Act, 1973 - Land - Evicting Slum Dwellers - Petitioner by way of this petition under Article 226 of Constitution of India in name of Public Interest Litigation (PIL) has raised a grievance to effect that until rehabilitation and resettlement takes place respondent authorities be restrained from evicting slum dwellers of J.P. Ni Chali/ Slum colony and not to undertake any fresh demolition and to be precise - Held, Having found from assertion of State authorities in its reply affidavit that pursuant to final declaration vide notification land sought to be acquired in Village Acher was reduced and such persons being represented by petitioner not residing in such land, Court cannot compel State authorities to apply scheme – Court is of view that petition is meritless and in peculiar background of facts, decisions which are sought to be relied upon by petitioners would not come for their rescue as they are quite distinct and same cannot be applied as a straight-jacket formula to facts on hand - However, while parting with present order, Court may make it clear that it would be open for petitioner to avail any other remedy to ventilate their grievance by making specific representations, in which case State authorities with sympathetic approach consider their claim and find out if it fits in any other policy, and if answer is in affirmative, authorities would be at liberty to pass such orders as they deem fit – Court make it clear that Court have not expressed any opinion on merits and present petition is being dismissed as devoid of merits – Petition dismissed.

JUDGMENT :

Ashutosh J. Shastri, J.:--

1. The petitioner by way of this petition under Article 226 of the Constitution of India in the name of Public Interest Litigation (PIL) has raised a grievance to the effect that until rehabilitation and resettlement takes place the respondent authorities be restrained from evicting the slum dwellers of J.P. Ni Chali/ Slum colony and not to undertake any fresh demolition and to be precise, the following reliefs are claimed in the present Writ Petition (PIL).

    "a. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondent no. 2 Municipal Corporation of Ahmedabad and respondent no. 3 Western Railway Department and Respondent No. 1 State of Gujarat to restrain from evicting slum dwellers of J.P. Ni Chali Slum colony until rehabilitation and direct them to not conduct any fresh demolition;

b. Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent no.2 Municipal Corporation of Ahmedabad and respondent no. 3 Railway Department and Respondent No. 1 State of Gujarat , to stay the physical possession of the slum dwellers from the J.P. Ni Chali Slum colony, even if their homes have already been demolished;

c. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondent no. 2 Municipal Corporation of Ahmedabad and Respondent no. 3 Railway Department and Respondent No. 1 State of Gujarat to provide immediate relief including temporary shelter, food, water and sanitation facilities to the residents of J.P. Ni Chali slum;

d. Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent No. 1 State of Gujarat to rehabilitate all the residents of J.P. Ni Chali as per Pradhan Mantri Awaz Yojna (PMAY);

e. Issue a writ of mandamus or any other appropriate writ, order or directing the Respondents to modify the Rehabilitation Policy and extend the cut-off date fro 2010 to 2002 or as recent as the Hon'ble Court deems fit;

f. Pass an order directing Respondent No. 2 the Municipal Corporation of Ahmedabad and Urban Local Bodies with appropriate authorities to conduct a survey and accordingly rehabilitate of all the residents of J.P. Ni Chali Slum colony;

g. Pass an order to provide compensation of Rs.1,00,000/- for each family whose houses were demolished in J.P. Ni Chali Slum colony'

h. Pass an order to provide Rs.50,000/- as the cost of this present litigation incurred by the petitioner;

i. Pass any other order deemed fit and proper in the circumstances of the present case."

2. Petitioner claims to be a Trade Union registered under the provisions of Indian Trade Unions Act, works for the protection of human rights, legal rights and socio-economic welfare of the workers engaged in the construction industry, brick manufacturing process etc. It has been asserted that by way of this petition, the petitioner - Union is espousing the cause of slum dwellers in question, who are mostly poor workers and are residing at J.P. Ni Chali slum for about three decades. The place at which the workers are stated to have been residing is at Jayantilal Pranlal ni Chali (for short J.P. Ni Chali) at Sabarmati area, near Railway Bridge in Ahmedabad. It has been asserted that this petition is filed for rehabilitation of more than 318 poor landless, shelter-less slum dwellers in the aforementioned Chali, popularly known as J.P. Ni Chali at Sabarmati who are not being provided any alternative accommodation as per various State Government Policies.

2.1. It has been further stated in the petition that in the year 1991, Slums/Chali of J.P. Ni Chali set up at Sabarmati area near Ahmedabad came in existence by intra-State migrants from different districts of State of Gujarat. Upto year 2021, said Chali is comprising of 68-70 houses having population of more than 350 slum dwellers who are mainly daily rated employees or earning on daily basis. Since these slum dwellers are in possession they are entitled to have the bene

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