NEVIL MUKESHBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, are aggrieved by the redevelopment work of "the old slum quarters", situated at TP Scheme-25, Final Plot No.34 at Khokhra, Ahmedabad on the ground that such redevelopment is without providing any details/information to the petitioners; not providing any audience; and inaction on the part of the respondent no.2 - Ahmedabad municipal Corporation (hereinafter referred to as 'the Corporation) in not deciding the representation made by the petitioners without justifiable reason and carrying on with the redevelopment process without following due procedure of law.

(2.) The facts are to the effect that the petitioners were allotted and transferred ownership of the old slum quarters situated on Final Plot No.34 at Khokhra. There are 17 blocks comprising of 450 houses/families who have been residing there since 50 years. According to the petitioners, the petitioners are maintaining their houses on their own and therefore, the houses of the petitioners are well maintained and do not require any redevelopment at the hands of the respondent Corporation. That recently, the petitioners came to know about the process of redevelopment initiated by the respondent Corporation, without the knowledge and consent of the petitioner.

(3.) Mr. Nandish Thackar, learned advocate appearing for the petitioners submitted that since the petitioners were aggrieved by the redevelopment process, notice was issued, which was not replied by the respondent no.2, but by the respondent no.3. It is vehemently submitted that when the redevelopment process is being undertaken, the petitioners are entitled to know each and every aspects, however, the respondent Corporation neither replied to the notice nor redressed the demand of the petitioners. It is submitted that the petitioners were issued the notices, followed by a final notice on 13/8/2021. Such issuance of the notice was without following any procedure and immediately on 14/8/2021, the demolition work started, which compelled the petitioners to file the petition on 25/8/2021.