IMPORTANT POINT
Residents must utilize regulatory frameworks for grievances regarding housing conditions rather than challenge eviction notices directly in court.

ORDER :

(Vaibhavi D. Nanavati, J.) :

1. Heard Mr.Bhuvnesh Gahlot, learned advocate appearing for the petitioners, Ms.Pooja Ashar, learned A.G.P. for the respondent no.3, Mr.Vishrut Jani, learned advocate appearing for R.C. Jani, Associates for the respondent no.4 and Mr.G.H. Virk, learned advocate appearing with Mr.S.H. Virk, learned advocate for respondent nos.5 and 6.

2. Issue Rule, returnable forthwith. Ms.Pooja Ashar, learned A.G.P. waives service of notice of Rule for respondent no.3, Mr.Vishrut Jani, learned advocate waives service of notice of Rule for respondent no.4 and Mr.G.H. Virk, learned advocate waives service of notice of Rule for respondent nos.5 and 6.

3. By way of the present petition, the petitioners have prayed for the following reliefs:-

“A) admit this petition;

B) issue appropriate writ of order or direction and be pleased to quash and set aside the action of the respondent authorities of issuing notice dated 03/07/2023(Annexure-E) whereby the respondent authority has issued notice to 992 flat owners of including present petitioners’ families who have been served with notice to demolish the premises i.e. Sikandar Bakthnagar Shaheri Awas Yojna, Behrampura allotted to 992 families under the Jawaharlal Nehru Urban Renewal Mission scheme floated by the Central Government, Constructed by Urban Development and Urban Housing Department, Government of Gujarat for resettlement and rehabilitation of thousands of residents residing at the bank of river Sabarmati for construction of Sabarmarti River Front, allotted by Ahmedabad municipal Corporation, on the ground that the condition of the building blocks has been deteriorated and therefore, if at all any human life is lost due to falling off any building block, then Ahmedabad, municipal corporation will not be held responsible which has been allotted to the petitioners from the year 2010 to 2014 as the same is violative Article 21 of the constitution of India, in the interest of justice;

C) issue appropriate writ of order or direction and be pleased to quash and set aside the notices dated 03/07/2023(Annexure-E) whereby the respondent authority has issued notice to 992 flat owners (where more than 5000 people are residing) including present petitioners’ families who have been served with notice to vacate the premises allotted to 992 families under the Jawaharlal Nehru Urban Renewal Mission scheme floated by the Central Government, Constructed by Urban Development and Urban Housing Department, Government of Gujarat for resettlement and rehabilitation of thousands of residents residing at the bank of river Sabarmati for construction of Sabarmarti River Front, allotted by Ahmedabad municipal Corporation, on the ground that the condition of the building blocks has been deteriorated and therefore, if at all any human life is lost due to falling off any building block, then Ahmedabad, municipal corporation will not be held responsible which has been allotted to the petitioners from the year 2010 to 2014 as the same is violative Article 21 of the constitution of India, in the interest of justice;

D) issue appropriate writ of order or directions upon the respondent authorities to constitute a high level committee and to investigate and initiate disciplinary or appropriate proceedings against the concerned officers/contractors/builders etc. who have constructed the Sikandar Bakthnagar Shaheri Garib Avas Yojna, Behrampura, Ahmedabad with such a building material and in such a fashion that it has became dilapidated with only 10-12 years of handing over possession to the petitioners as well as other citizens who were relocated and rehabilitated from Sabarmati River bank, in the interest of justice; E) issue appropriate writ or order or directions upon the respondent authorities to grant alternate resident in the case, if respondent authorities reconstruct/rebuild the Sikandar Bakthnagar Shaheri Garib AvasYojna, Behrampura, Ahmedabad for the petitioners and other resident of the Sikand