The court determined that unauthorized construction cannot be regularized and emphasized strict compliance with municipal regulations and housing rights, rejecting the claims of the petitioners.

JUDGMENT :

MAUNA M. BHATT, J.

1. Captioned writ petitions are filed seeking to quash and set aside execution and implementation of the notices issued by respondent Nos.1, 2 and 3, dated 11.01.2021; whereby the petitioners were directed to vacate their respective dwelling units within a period of four days, failing which, action in accordance with Law has been indicated. Respondent No.1 herein is Ahmedabad Municipal Corporation, Respondent No.2 is Commissioner of Police, Ahmedabad and Respondent No.3 is Police Inspector, Jamalpur, Ahmedabad. It is also further prayed that respondents may be directed to provide Legal Security of Tenure/Right to Adequate Housing recognized under Article 11 of International Covenant on Economic, Social and Cultural Rights and other rights narrated in Part III of Constitution of India. The prayer with regard to decision on representation of the petitioners is also made. From earlier orders dated 17.02.2021, 13.03.2021, 15.03.2021 and 23.03.2021 in the captioned writ petitions, it is noticed that after filing of these petitions, time was sought either by petitioners’ advocate or by respondents’ advocate however, till date no notice has been issued in these cases. Thereafter, urgent circulation was sought submitting that a coercive action by demolition of properties of the petitioners, situated at Rangwala Challi, now known as “Shana Apartment” situated at Rangwali Chali, Purbiyawa, Astodia Kot ni rang, Jamalpur, Ahmedabad (hereinafter referred to as ‘property in question’) has started by demolishing 6th floor and onwards and, therefore, this petition may be heard on priority basis. Considering the request, these petitions were taken up for hearing on 15.07.2025.

2. Rule returnable forthwith. Learned advocate Mr. G.H. Virk waives service of rule on behalf of respondent No.1 and learned AGP Mr. Sahil Trivedi waives service of rule on behalf of respondent Nos.2 and 3.

3. For the sake of convenience, facts referred in Special Civil Application No.2374 of 2021 are considered for adjudication of all petitions. All these petitions, challenge the notices issued to respective petitioners dated 11.01.2021, whereby, they have been directed to vacate the property in question.

4. Facts in brief as referred in the petition are as under:

4.1. The petitioners herein are residents of Rangwala Chali, Jamalpur Area, Ahmedabad; for more than 50 years as tenants/owners, belonging to poor strata of the society. All the petitioners are either unorganized labourer, fruits and vegetable vendors, drivers, rickshaw pullers, daily wagers, foremen, butchers, ac-repairers or small shop owners etc. The petitioners along with their families totaling to more than 250 to 300 people are currently residing in redeveloped Rangwala Challi, now known as “Shana Apartment” situated at Rangwali Chali, Purbiyawa, Astodia Kot ni rang, Jamalpur, Ahmedabad (hereinafter referred to as ‘property in question’). It is case of the petitioners that the property in question was in extremely dilapidated condition and on account of its dilapidated condition, notices from Corporation were issued to vacate the same. At that time, the tenants occupying the property were not sure of their possession if they had decided