SC dismisses plea against slum demolition in Ahmedabad
New Delhi, Apr 28 (UNI) The Supreme Court on Monday dismissed a litigant's plea challenging demolition undertaken for redevelopment purposes in a slum area of Ahmedabad in Gujarat, .
However, the Court granted the petitioner liberty to submit a comprehensive representation to the competent authority seeking "sympathetic reconsideration" for a larger alternative accommodation.
A bench comprising Justice Surya Kant and Justice N. Kotiswar Singh heard the matter. Earlier, while ordering the status quo, the Court had directed Advocate-on-Record (AoR) Sumitra Kumari Choudhary, representing the petitioner, to obtain instructions regarding relocation requirements for the redevelopment project.
The Court had also suggested the petitioner accept the alternative accommodation being offered and assured it would consider the issue of any rent differential.
During the hearing today, Choudhary submitted that the petitioner had not been informed why their objections to a Public Notice concerning the slum area were rejected.
Justice Kant, however, pointed out that 508 beneficiaries had already shifted to alternative accommodation under the rehabilitation scheme. "You allow this project to continue," Justice Kant told Choudhary.
Government Pleader Gursharan H. Virk, appearing for the State, informed the Court that out of 741 occupiers of unauthorised slum structures, 740 had accepted the rehabilitation offer, and only the petitioner's family continued to object.
Highlighting the grievance, Choudhary argued that the alternative accommodation being provided was merely 225 sq ft compared to the petitioner's existing 2,000 sq ft residence, questioning, "How is it rehabilitation fit for human...?" Justice Kant responded, "That, we can't satisfy everybody's claim."
Dictating the order, the Court said, "We are not inclined to interfere with the ongoing project. The special leave petition is accordingly dismissed. However, it will not preclude the petitioners from submitting a comprehensive representation to the competent authority for sympathetic reconsideration of the requirement of a larger area to be offered to them. Such representation shall be examined in accordance with the rehabilitation scheme."
The matter pertains to 49 slum dwellers occupying premises in Chharanagar, Ahmedabad, who had approached the Gujarat High Court challenging a Public Notice dated January 29, 2025.
The notice had directed the slum dwellers to vacate within 30 days under Sections 11 and 13 of the Gujarat Slum Areas (Improvement, Clearance, and Redevelopment) Act, 1973.
The petitioners sought quashing of the notice, application of the State's Slum Rehabilitation and Resettlement Policy to their cases, and action against officers responsible for demolitions carried out on March 20, 2025.
They alleged that notices were not served individually, but only published generally, and claimed insufficient time was provided to vacate, violating the Slum Act.
The State countered that the area had been declared a "slum area" in 2019 due to unsafe living conditions. Following this, a redevelopment project was initiated, objections were invited and duly considered, and the Chharanagar area was declared a "Slum Clearance Area."
It was contended that the petitioners approached the Court belatedly to delay the project, whereas most residents had already accepted rehabilitation.
The Gujarat High Court, rejecting the plea, found that the action taken was in accordance with the Slum Act, noting that 508 beneficiaries were already residing in rented accommodations awaiting permanent housing.
The High Court emphasised that construction of new residential blocks was well underway, and eligible slum dwellers would receive quality housing post-redevelopment.
Nevertheless, showing some indulgence, the High Court had granted 30 days to the slum dwellers willing to vacate voluntarily, provided they submitted an undertaking to the competent authority. UNI SNG SSP
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