'Illegal, arbitrary': Chandola Lake residents slam demolition drive; Gujarat HC refuses to grant relief
AHMEDABAD: The Gujarat High Court on Tuesday declined to grant stay on a mega demolition drive undertaken in Ahmedabad's
A group of 18 residents of Chandola Lake had challenged the state government's drive to demolish their homes without any notice to the occupants as being "unreasonable, illegal and arbitrary."
Civic authorities and police in Ahmedabad launched the demolition drive on Tuesday.
Justice Mauna Bhatt refused to stay the demolition drive after observing the dwellings of the petitioners were on the periphery of the water body and as per section 37 of the Land Revenue Code, such structures can be razed by the government, petitioners' lawyer Anand Yagnik said.
The court observed that since the petitioners are "illegal encroachers," relief from demolition cannot be granted to them.
At the same time, the court noted that if any petitioners are covered under the government's rehabilitation and resettlement policies of 2010 and 2013, they can make a representation to the Ahmedabad Municipal Corporation for consideration, he said.
The residents of Chandola Lake moved the HC for stay on the "illegal demolition" on the grounds they were not issued any notice for eviction and demolition, and have lived in the area for the last six decades, having migrated to Ahmedabad from Uttar Pradesh, Bihar and West Bengal in the 1970s.
The petitioners argued they had all necessary documents such as ration cards, election ID, and Aadhaar cards, and detention of their family members on suspicion of being Bangladeshi citizens was illegal.
They claimed in the petition that they were not served any notice but only informed verbally regarding the initiation of the demolition drive.
To carry out such an action without providing them alternative accommodation was against the mandate of law, they contended.
To carry out the drive, a "false and fraudulent narrative" was created regarding the nationality of the petitioners as being Bangladeshis and some of their family members were detained, the petitioners maintained.
Government Pleader GH Virk argued that matters concerning public safety and national security cannot be subordinated to procedural technicalities.
The drive was being taken for maintaining the safety and security of the people of the state at large and also to protect national security, and hence it cannot be hounded by principles of natural justice, he said in his submission.
The government counsel further submitted that the demolition was being carried out peacefully, with most structures already abandoned.
As per a state government affidavit filed in the court, over the years, the area around Chandola Lake has allegedly become a hub for illegal activities -- ranging from flesh trade and narcotics trafficking to document forgery and even harbouring extremist elements.
The state cited the recent arrest of four Bangladeshi nationals linked to an Al-Qaeda module with suspected connections to the lake area as a serious national security red flag.
"No legal development permissions were ever granted for any construction inside Chandola Lake, a notified water body," the affidavit stated.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
35 minutes ago
- Hindustan Times
Exploring old law allowing ‘push back': Sarma
The Assam government is looking into the details of 'an old law' that will allow it to 'push back' infiltrators without having to mandatorily approach foreigners tribunals, chief minister Himanta Biswa Sarma said on Saturday. Speaking to reporters on the sidelines of a programme in Nalbari, Sarma said that a constitutional bench of the Supreme Court, while hearing a case on Section 6A of the Citizenship Act, had said that there is no legal requirement for the Assam government to always approach the judiciary in order to identify foreigners. 'There exists an immigrants expel order, which is an old law. The Supreme Court has said that this law is in force and a deputy commissioner can give permission for immediate pushback under it,' he maintained. 'For whatever reason, our lawyers had not informed us and we too didn't know about it. The entire matter has come to light in the last few days. We will now discuss it further,' he added. The chief minister said pushing back illegal migrants will continue, adding that the process of identifying foreigners, which had been paused due to NRC-related matters, will now be accelerated. 'And when the identification of a foreigner happens, there will be no need to send the case to any tribunal. We will directly push them back. We have been preparing for it,' he added. Sarma said the process of pushback will continue, though no person with a case pending before the court will be sent back. His comments came even as the state witnessed protests over 'harassment' of minorities in the name of detecting illegal immigrants. Members and supporters of the All Assam Minority Students' Union (AAMSU) wore black badges and displayed placards against the purported recent pushback of Bangladeshis in the state. They carried out the protest in different parts, including Chirang and Jogighopa, after Eid namaz.
India Gazette
an hour ago
- India Gazette
Four illegal Bangladeshi nationals detained at Agartala railway station
Agartala (Tripura) [India], June 8 (ANI): In a joint operation, the Agartala Government Railway Police (GRP) along with the Railway Protection Force (RPF), and Intelligence Branch apprehended four Bangladeshi nationals, including two children at the Agartala Railway Station on Saturday. The accused were identified as Md Billal (47), Salma Begam (38), Md Naeem (8) and Md Ali (6). According to official sources, the detained individuals entered India illegally from Bangladesh and had reached the railway station with the intent of boarding a train to travel to other states of the country. The operation was conducted based on secret intelligence inputs received earlier in the day. During preliminary interrogation, the detainees revealed that they were planning to travel to Delhi. Authorities have stated that all four will be produced before the Court on June 8 for further legal proceedings. Security at key transit points like the Agartala Railway Station remains on high alert to prevent such illegal crossings and human trafficking attempts. In the national capital, Police on Saturday initiated the process to deport 31 Bangladeshi nationals who were living illegally in the North West district of Delhi. The deportation process began on Saturday after the individuals were brought to the Foreigners Regional Registration Office (FRRO) in RK Puram, officials said. Earlier this week, the North West District Police apprehended 18 Bangladeshi nationals who were found residing illegally in the city. The arrests were made during a special operation conducted on Tuesday by the Foreigner Cell unit in the Bharat Nagar police station area. The operation was launched based on specific intelligence inputs indicating that three families who had migrated from Haryana were now hiding in the Wazirpur JJ Colony, frequently changing locations to avoid detection. (ANI)
Time of India
2 hours ago
- Time of India
SC refuses to stay recruitment of 621 assistant executive engineers in state
1 2 3 Cuttack: The Supreme Court has refused to stay the recruitment process for 621 assistant executive engineer (AEE) posts by the Odisha Public Service Commission (OPSC), even as it admitted a special leave petition (SLP) challenging a Jan 15 order by the Orissa high court related to the case. The recruitment advertisement, published on Dec 28, 2023, for 580 civil and 41 mechanical AEE posts, followed the Odisha Engineering Service (Methods of Recruitment and Conditions of Service) Amendment Rules, 2023. The rules replaced the traditional written test with selection based on the highest valid GATE score from the preceding three years, including the year of advertisement. Following the HC's Jan 15 directive, OPSC extended the application deadline to May 8, allowing otherwise eligible candidates to apply after appearing in GATE. However, Ritesh Kumar Mohapatra challenged the HC order in the SC via an SLP. On June 3, an SC bench comprising Justices Prashant Kumar Mishra and Augustine George Masih issued notice to the Odisha govt returnable in the week beginning Aug 11 but declined to halt the recruitment process. Meanwhile, a separate batch of petitions filed in the HC has questioned the revised application window, arguing it deprived aspirants of a chance to appear in GATE 2025. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo The petitioners claimed that by the time the HC order was issued in Jan, GATE 2025 registration had already closed (Sept/Oct 2024), preventing them from availing the benefit. In response, the HC's vacation bench of Justice A K Mohapatra passed an interim order on May 26, allowing the recruitment process to continue but directing that one post be kept vacant per petitioner until the next hearing. The court also instructed OPSC and the state govt to file counter affidavits. The case is now slated for hearing in the week beginning July 7. State govt and OPSC have defended the ongoing process, stating that delaying recruitment would hamper critical infrastructure projects. They argued that GATE 2025 was an open opportunity and that the petitioners had chosen not to apply. The final outcome now hinges on the legal proceedings in both the SC and HC. Cuttack: The Supreme Court has refused to stay the recruitment process for 621 assistant executive engineer (AEE) posts by the Odisha Public Service Commission (OPSC), even as it admitted a special leave petition (SLP) challenging a Jan 15 order by the Orissa high court related to the case. The recruitment advertisement, published on Dec 28, 2023, for 580 civil and 41 mechanical AEE posts, followed the Odisha Engineering Service (Methods of Recruitment and Conditions of Service) Amendment Rules, 2023. The rules replaced the traditional written test with selection based on the highest valid GATE score from the preceding three years, including the year of advertisement. Following the HC's Jan 15 directive, OPSC extended the application deadline to May 8, allowing otherwise eligible candidates to apply after appearing in GATE. However, Ritesh Kumar Mohapatra challenged the HC order in the SC via an SLP. On June 3, an SC bench comprising Justices Prashant Kumar Mishra and Augustine George Masih issued notice to the Odisha govt returnable in the week beginning Aug 11 but declined to halt the recruitment process. Meanwhile, a separate batch of petitions filed in the HC has questioned the revised application window, arguing it deprived aspirants of a chance to appear in GATE 2025. The petitioners claimed that by the time the HC order was issued in Jan, GATE 2025 registration had already closed (Sept/Oct 2024), preventing them from availing the benefit. In response, the HC's vacation bench of Justice A K Mohapatra passed an interim order on May 26, allowing the recruitment process to continue but directing that one post be kept vacant per petitioner until the next hearing. The court also instructed OPSC and the state govt to file counter affidavits. The case is now slated for hearing in the week beginning July 7. State govt and OPSC have defended the ongoing process, stating that delaying recruitment would hamper critical infrastructure projects. They argued that GATE 2025 was an open opportunity and that the petitioners had chosen not to apply. The final outcome now hinges on the legal proceedings in both the SC and HC.
