Disposed

Patil Saluben Rajendrabhai v. Ahmedabad Municipal Corporation

Gujarat HC25 Mar 2021SCA/6943/2020

Case brief

AI extract

What is this about?

In a special civil application, the petitioner sought a writ for alternative accommodation and quashing of an impugned order. The respondent corporation noted that most petitioners were ineligible under policy as their premises were not notified slums. The petitioner's counsel withdrew the petition to first submit a fresh representation to the corporation. The court disposed of the petition as not

What did the court decide?

Petitioner directed to submit representation to Respondent by 15/04/2021. Present petition disposed of as not pressed.

Patil Saluben Rajendrabhai Vs… — Constitutional and Fundamental Rights | Gujarat HC (2021)

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C/SCA/6943/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 6943 of 2020

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PATIL SALUBEN RAJENDRABHAI

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Versus

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AHMEDABAD MUNICIPAL CORPORATION

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Appearance: AAKASH D MODI(7449) for the Petitioner(s) No.

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1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32, 33,34,35,36,37,4,5,6,7,8,9 for the Respondent(s) No. 2,3

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MR DEEP D VYAS(3869) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

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Date : 25/03/2021

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ORAL ORDER

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Heard Mr. Akash D. Modi, learned advocate for the petitioners and Mr. Deep D. Vyas, learned advocate for respondent Ahmedabad Municipal Corporation.

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By way of this petition, the petitioners have prayed for following reliefs:

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“9(A) This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the impugned order dated ___/02/2020 passed by the respondent no.3,

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9(B) This Hon'ble Court may be pleased to direct the respondents to reconsider the case of the petitioners for allotment of suitable alternative accommodation as per the representation dated 24/2/2020 made by the petitioners,

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Page 1 of 4

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C/SCA/6943/2020 ORDER

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9(C) Pending the hearing and final disposal of the petition, be pleased to direct the respondents to initiate proceedings for allotment of suitable alternative accommodation to the petitioners,

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9(D) To grant any such other and further reliefs as this Hon'ble Court deems just and proper in the facts and circumstances of the case.

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9(E) To award cost of this petition.”

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Today, when the matter is called out, Mr. Deep D. Vyas, learned advocate for the respondent Ahmedabad Municipal Corporation submitted that the corporation has carried out a detail exercise to identify as to whether the petitioners and other similarly situated persons, in all total forty one in number who claim to have residing on the subject land prior to 1976 and possessing yellow card as per the policy of the corporation were there or not. He submitted that in respect of the aforesaid exercise by calling for the evidence from forty one persons in all, the corporation has identified six persons who according to the corporation are eligible for an alternative accommodation. He submitted that as far as rest thirty five persons are concerned, those persons do not fall within the purview of the policy of the corporation.

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According to Mr. Deep D. Vyas, learned advocate, the petitioners are encroaching upon the private land and not on the road and the residential premises of the petitioners cannot be said to be slum or notified slum as it has never been notified as slum which is predominating requirement as per the policy for alternative accommodation.

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Page 2 of 4

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C/SCA/6943/2020 ORDER

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Mr. Akash D. Modi, learned advocate for the petitioners submitted that the petitioners are residing on the land in question since more than forty years and in any case prior to year 1976, and, therefore, they are eligible and entitle to the benefits of rehabilitation policy of the State Government or Ahmedabad Municipal Corporation. Mr. Modi, learned advocate submitted that the petitioners would like to approach Ahmedabad Municipal Corporation with all the documentary evidence that the petitioners are willing to get their case considered for alternative accommodation in light of the Government's existing policy. According to Mr. Modi, learned advocate, some other similarly situated persons are also given the benefit of alternative accommodation under the slum rehabilitation policy by the Ahmedabad Municipal Corporation.

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Therefore, Mr. Akash Modi, learned advocate, at this stage, does not press this petition with a view to make representation to the Ahmedabad Municipal Corporation for considering their case for alternative accommodation.

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Mr. Akash Modi, learned advocate submits that the petitioners shall make representation latest by 15/04/2021 and after so the representation is made, the same may be considered latest by 31/05/2021 by the respondent corporation.

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As and when such representation is made, Ahmedabad Municipal Corporation may decide the same strictly in accordance with law and policy of the corporation.

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Page 3 of 4

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C/SCA/6943/2020 ORDER

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With the aforesaid direction, present petition stands disposed of as not pressed. Notice is discharged. No order as to costs. Direct service is permitted.

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(NIRZAR S. DESAI,J)

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ila

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Page 4 of 4

Patil Saluben Rajendrabhai v. Ahmedabad Municipal Corporation

Case brief

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Patil Saluben Rajendrabhai v. Ahmedabad Municipal Corporation

Case brief

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