VISHNUBHAI BHARMALJI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two petitions are filed by the brothers raising identical issues and therefore, at request of both the sides, are taken up for hearing and disposal. The facts are recorded from Special Civil Application No.13905 of 2019.

(2.) This petition under Article 226 of the Constitution of India is filed by the petitioner with the prayer to set aside the order dtd. 18/5/2019 passed by the respondent No.2, wherein the prayer of the petitioner to grant an alternative accommodation to the petitioner came to be rejected.

(3.) Learned advocate Mr. Pratik Thakkar appearing for the petitioner submitted that time and again this Court has passed orders for taking into consideration the applications made by the petitioner for availing the alternative accommodation under the scheme prevailing particularly either under the Rehabilitation and Redevelopment of Slums, 2010 read with Gujarat Slum Rehabilitation and Redevelopment Policy, 2013, which was made applicable at Balonnagar-Nava Vadaj Housing Scheme or at Jahangir Mill Awas Youjna. The petitioner claims that the mother of the petitioner was occupying a residential unit in the slum area and was having a "Kachhca residence" for at least more than 20 years. Thereafter, the petitioner claims to be residing with his family in the same area but in different house. Learned advocate for the petitioner submitted that there are cases like the petitioner who have been considered for allotment of an alternative accommodation despite their claim was initially rejected by the respondent-corporation.