SAKRABHAI BUCHABHAI Vs. AHMEDABAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioners, 52 in number, have challenged the eviction notices dated 20-2-1998 (Annexure B) issued by the Ahmedabad Municipal Corporation-respondent No.1 herein (hereinafter referred to as `the Corporation') and to restrain the respondent-Corporation and its Officers from removing and/or demolishing the hutments of the petitioners situated in land bearing Survey No.118, Final Plot No.200 of Town Planning Scheme No.8 of the city of Ahmedabad (known as Tadiyapura, Motilal Narandas Chali, Opp. Civil Hospital, Asarwa, Ahmedabad). The petitioners have also prayed for a writ of mandamus to direct the respondent-Corporation to allot plots of land out of the abovenumbered land at the price at which the land is given to respondent No.2- Gandhinagar Cooperative Housing Society Ltd. (hereinafter referred to as `the second respondent or Society) and in the alternative, to allot any other suitable land to the petitioners.

(2.) The petitioners case is that for the last 22 years i.e. since 1976-77, the petitioners have been residing in hutments put up by the petitioners on the aforesaid land without any disturbance. The petitioners are poor persons belonging to Patni-Vaghri community (which is a socially and educationally backward class). However, on 20-2-1998, the Estate Department of the Corporation issued notices to the petitioners stating that as per the town planning scheme, 100 ft. wide road is to be prepared and out of Final Plot No.200, land is to be given to Gandhinagar Cooperative Housing Society Ltd. (respondent-Society) and that, therefore, the petitioners were required to remove their hutments. Upon receiving the notice, the petitioners made inquiries and the petitioners came to learn that 60% of Final Plot No.200 has been allotted to the respondent-Society whose members also belong to Vaghri community i.e. the same community to which the petitioners belong. The petitioners also came to learn that the respondent-Society had originally enrolled only 65 members but at present the number of members has gone upto 250. The petitioners requested the respondent-Corporation that either the petitioners may be taken as members of the respondent-Society or the petitioners may be allotted the said land at the same rate at which the land is allotted to the respondent-Society. The petitioners requested in the alternative that the petitioners who have formed a housing cooperative society called "Ambawadi Matanagar Cooperative Housing Society (proposed) may be given the land out of the remaining 40% of the land of Final Plot No.200 at the same rate at which 60% land is given to the respondent-Society.

(3.) The petitioners have stated that the petitioners' hutments are situated very far away from the proposed road and that widening of the road does not require removal of the petitioners' hutments but alleged that according to the petitioners' information, the respondent-Corporation is desirous of taking away the land on which the petitioners hutments are situated with a view to selling it at a very high price to private party for constructing a shopping complex similar to another complex called "Shree Ram Market" which is already constructed. The petitioners have made a grievance about violation of their fundamental rights contained in Articles 14, 19 and 21 of the Constitution.