A Shield for the Vulnerable: Gujarat HC Halts Evictions Pending Rehabilitation Reviews

In a significant interim order, the High Court of Gujarat has stepped in to protect the rights of 103 slum dwellers at Malay Talav, Thaltej. Challenging an eviction notice issued by the Mamlatdar, the court has directed the Ahmedabad Municipal Corporation (AMC) to respond to allegations that these residents were slated for displacement without a formal assessment of their rehabilitation rights.

The Conflict: Beautification vs. Housing Rights

The dispute centers on a notice issued on May 23, 2023, under Section 61 of the Gujarat Land Revenue Code, 1949. Local authorities aimed to clear the hutments situated on survey plots designated under Town Planning Scheme No. 38 for the beautification of the Malay Talav area.

The petitioner, a social worker representing the 103 hutment dwellers, argued that the residents—poor and largely illiterate—are entitled to statutory protection under the Regulations for the Rehabilitation and Redevelopment of the Slums, 2010 . The grievance is that the residents were never considered by the legally mandated slum rehabilitation committee, rendering the eviction process procedurally flawed and potentially inhumane.

Arguments from the Bench and Bar

During the proceedings before a division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee, the State government defended the eviction by citing a February 2022 order from the Collector, Ahmedabad, which handed over the land to the AMC specifically for the lake’s beautification project.

However, the Court noted a conspicuous silence in the State's submission regarding the specific claim of rehabilitation. The bench observed that the essential question—whether the residents qualify for relocation support under the 2010 Regulations—remained unaddressed by administrative authorities.

Key Observations

The Court made several pointed remarks highlighting the gap between administrative ambition and statutory duty:

• "The hutment dwellers (103 in number), however, have not been considered for rehabilitation by the slum rehabilitation committee constituted under the Regulations, 2010."
• "The submission, thus, is that the eligible slum dwellers... cannot be evicted from the site in question... without consideration of their claim for rehabilitation."
• "There is, however, no response as to whether there is a consideration to the claim of the hutment dwellers for rehabilitation, under the Regulations, 2010."

The Verdict: A Temporary Reprieve

Recognizing the gravity of potential displacement, the High Court issued a stern directive. The Ahmedabad Municipal Corporation has been ordered to file a detailed response justifying the eviction process in light of the residents' rehabilitation claims.

Crucially, the Court has granted the residents an immediate lifeline: "Till the next date of hearing, no coercive measures shall be taken against the hutment dwellers, whose names are indicated herein."

The matter is set to be heard on October 18, 2023. This order underscores the judiciary's commitment to ensuring that urban development initiatives do not bypass the social safety nets established for India's most vulnerable populations. For now, the bulldozers are held at bay, pending a legal determination on the residents' right to be rehabilitated before they are removed.