RANUBHAI TULSIBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking directions to hold and declare the decision to beautify the river bank of Kansara River in Bhavnagar City, as illegal, arbitrary, ultra vires and declare the same as void ab initio, on the ground that the hutment dwellers be provided with alternative accommodation. The petitioners also seek issuance of writ to quash and set aside an order dtd. 31/12/2021, directing the petitioners to remove their constructions within time bound period.

(2.) The petitioners also pray for a direction to the respondents to frame a policy to provide alternative accommodation to the petitioners and similarly situated hutment dwellers numbering 1052 inhabiting on the river bank of Kansara River of Bhavnagar City and restrain the respondents from removing the construction/ hutment of the petitioners and similarity situated persons.

(3.) The petition was mentioned urgently at 11.00 a.m. on 4/1/2022 and permission was granted on the same day to be moved at 02.30 p.m. Further, on account of some office objections, the matter could not be placed and once- again the matter was mentioned on same day in second half calling upon the Court to once-again take up the matter urgently, as the petitioners anticipated demolition of their houses.