Gujarat HC asks Chandola lake residents to approach authorities for rehab in accordance with law
In the case of the ongoing issue of the Chandola lake demolitions in Ahmedabad, the Gujarat High Court Tuesday disposed of a petition filed by 58 slum dwellers seeking directives for the Ahmedabad Municipal Corporation (AMC) and the state government to 'provide rehabilitation and alternate accommodation' to them.
The HC directed the petitioners to file applications with requisite documents before the authorities while instructing the authorities to consider the applications in accordance with law. The petition filed by 58 residents of Chandola Lake is the second since the demolitions began on April 28. On April 29, 18 residents had moved the HC seeking a stay on the demolitions and had sought rehabilitation and resettlement under the Gujarat government schemes.
In the current petition filed Monday, the 58 petitioners contended that they had been 'illegally detained on the suspicion of being Bangladeshi illegal immigrants' and only released after their 'identities were verified as being Indian nationals'. The petition contends that the petitioners belong to the Economically Weaker Section of the society and have lived in the area for over 60 years. Invoking their constitutional rights to shelter and livelihood, citing government policies such as the Gujarat Slum Rehabilitation Policy (2013, 2015) and Pradhan Mantri Awas Yojna, the petitioners stated that the District Inspector of Land Record (DILR) had been ordered to conduct a mapping of the area in February but the demolitions — in the aftermath of Pahalgam terrorist attack of April 22 — were undertaken without conducting the mapping.
Represented by advocates Mihir Joshi, MTM Hakin and Rizwan Shaikh, the petitioners had stated, 'In August 2015, the District Collector (Ahmedabad) ordered the Chandola lake area to be entrusted to the AMC for development and beautification. On February 18, 2025, the AMC wrote a letter to the District Collector, requesting to pass an order directing the DILR to undertake the exercise of admeasurement and demarcation of the lake and to provide details of the encroachers and prepare measurement sheets'.
'On February 21, 2025, the Collector passed an order directing the DILR to conduct the measurement and site inspection and submit a report to the Deputy Municipal Commissioner (Estate) and Mamlatdar,' said the petition.
The petition contends that the order of the Collector stated that although similar directions were passed on March 14, 2024, the DILR 'failed to conduct the survey and prepare the measurement sheet of residential, commercial and religious encroachments' near Chandola lake.
Gujarat High Court Justice Mauna Bhatt disposed of the petition stating that the petitioners had not made any application before the authorities concerned. The order states, 'It is open for the petitioners to make their individual applications with requisite documents to the authority concerned. In absence of application made to that effect, the extinguishment of the petitioner's right to shelter and right to livelihood does not merit acceptance… In relation to the prayer of the petitioners to consider them to provide alternative accommodation under the rehabilitation scheme of the State Government, it is directed that it is open for the petitioners to make their individual applications, if they are eligible, along with requisite documents to respondents. Once such individual applications are filed, the authority shall consider the same in accordance with law.'
The court also rejected the prayer to stay demolitions until the rehabilitation process is complete by citing the Supreme Court decision that 'a person cannot pray for regularization of construction, which is against the rule of law… Unauthorised structures have to be demolished.'
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