Gujarat High Court: A Division Bench of S.R. Brahmbhatt and A.P. Thaker, JJ. dismissed a PIL filed by the petitioner.
The applicant filed a PIL in the Court and the following was prayed for:
- The Court should declare the action of the respondent authorities in proposing the implementation of the slum rehabilitation scheme for the slum-dwellers of Rathod Vas Village as unconstitutional, illegal and without jurisdiction to the extent the same proposes shifting of location that too on payment of amount price under the JNURM BSUP Scheme.
- Respondents must be directed to propose a slum housing project or allot them houses in the housing project situated in the closest proximity under the slum rehabilitation scheme without mandating any payment from the slum dwellers as prescribed under the Slum Rehabilitation Act and Slum Policies.
- Respondent must be directed to pay the rent to the slum-dwellers for the inter-magnum period of their relocation from the slums till the completion and allotment of houses.
On these grounds the petitioner wanted the Court to pass an order restraining the respondent authorities from evicting the slum-dwellers.
The contentions of the petitioner were that the respondents did not have the right to uproot and shift the slum dwellers irrespective of they being registered as slum dwellers or not as per the Gujarat Slum Areas (Improvement, Clearance and Re-development) Act, 1973. Secondly, the scheme under which the rehabilitation is offered also requires payment by the beneficiary, which also is not in accordance with the scheme, as while offering rehabilitation there ought not to have been any requirement of payment on the part of the occupant.
The respondent argued that the very petition was ill-conceived and must be dismissed as the petitioner created an undue hurdle in the way of the beneficiary for whom the petition is filed. Secondly, the petitioner had basically pleaded for the encroachment surrounding Vadsar Pond. They spoke about the rights of the beneficiary party to seek rehabilitation at a place of choice with payment of a minimum amount.
The Court took all the arguments into consideration and instructed the petitioner to apply to the Corporation for grant of alternative accommodation in accordance with the law and disposed of the petition.[Bhaliya Bhikhabhai Ramjibhai v. State of Gujarat, 2019 SCC OnLine Guj 1491, decided on 25-07-2019]