Gujarat High Court

Gujarat High Court: In a Public Interest Litigation (‘PIL’) petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus to direct the State of Gujarat and Surat Municipal Corporation(‘respondents’) to rehabilitate and provide alternative accommodation to the slum dwellers, the Division Bench of A.J. Desai and Biren Vaishnav, J., directed the respondents to rehabilitate the petitioners under the Regulations for Rehabilitation and Redevelopment of the Slums, 2010 (‘the Scheme of 2010’).

The petitioner had filed a PIL on behalf of around 106 slum dwellers, in light of the orders to remove the slum units in Soni Faliya, Surat, the petitioner had prayed before the Court to issue a writ of mandamus or any other writ or direction directing the respondents to rehabilitate and provide alternative accommodation to the slum dwellers dwelling in the hutments under the Scheme of 2010 or under any other housing scheme framed by the Government for the Economically Weaker Section and urban poor.

The Court issued the following directions:

a. Respondents must consider the representation made by the petitioner and other slum dwellers to rehabilitate them under the Scheme of 2010, in accordance with the law or examine their case under any other scheme floated by the State Government.

b. Petitioners were directed to name two persons out of 106 slum dwellers, who shall be given an opportunity of hearing before the authorities.

c. Respondents must pass appropriate orders on or before 09-06-2023.

d. Respondents must not remove the slum dwellers from the land till the representation is decided.

e. If any adverse order is passed in the matter, the same shall not be implemented for one week from the date of appropriate orders by the respondents i.e., till 16-06-2023.

[Vijay Suklal More v. State of Gujarat, 2023 SCC OnLine Guj 1166, Order dated 01-05-2023]

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