LAWS(GJH)-2023-2-1688

NARESHBHAI MADHAJI SOLANKI Vs. STATE OF GUJARAT

Decided On February 20, 2023
Nareshbhai Madhaji Solanki Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Learned advocate Mr. Satyam Chhaya appearing for the Ahmedabad Municipal Corporation and learned Senior advocate Mr. Shalin Mehta appearing with learned advocate Mr. Parth Bhatt for private developer states that pursuant to the survey carried out and upon verifying the documents whereby some of the petitioners claim their eligibility. The private respondent has verified the documents of the petitioner and found that out of 140 petitioners, the documents were submitted raising their claims by only 114 petitioners. Out of those 114 petitioners, 48 petitioners were residing in some other sector and not in Sector-3 which is the subject matter of litigation, for which demolition is to be carried out at present. Out of rest 92 petitioners, 79 petitioners were found to be eligible for allotment of alternative accommodation as per the scheme towards for rehabilitation.

(2.) As far as remaining 13 petitioners are concerned, learned Senior Advocate Mr. Shalin Mehta states that those 13 petitioners could not provide the adequate documents. However, as per the scheme they were found to be eligible for allotment of the same residential premises at a nominal cost as per the Policy. He states that even in future before completion of scheme, if those persons can provide the necessary documents to the Ahmedabad Municipal Corporation and if their claim is accepted by Ahmedabad Municipal Corporation in that case, they also would be treated at par with remaining 79 persons. However, facts remained that all 92 eligible petitioners shall be provided alternative accommodation in respect of scheme plotted by Ahmedabad Municipal Corporation.

(3.) Learned Senior Advocate Mr. Shalin Mehta upon instructions states that all the 92 persons who will be considered for allotment of alternative accommodation as per the scheme have been handed over the cheques by the private developer and the aforesaid fact has been confirmed by learned advocate Mr. Zubin Bharda, upon instructions.