SAMSUDDIN JAINULABIDDIN SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed with the following prayers:

(2.) Heard learned Senior Advocate Mr. Mihir Joshi assisted by learned advocate Mr. MTM Hakim for the petitioners and learned Government Pleader Mr. G.H. Virk for the respondents.

(3.) This petition is filed by in all 58 petitioners residing near Chandola Lake, C- Wards Chapara, Danilimda, Ahmedabad. It is stated in the petition that all the petitioners are residing at the address given in the cause title. Learned Senior Advocate Mr.Joshi submitted that all the petitioners belong to Economically Weaker Sec. (EWS) of the society and had come to the city seeking livelihood. Having been not able to afford rented roof or shelter, the petitioners have constructed hutments along the periphery of Chandola Lake and residing there since more than 60 years. There are approximately 6500 hutments existing in the area surrounding Chandola Lake. All the petitioners possess some documents, justifying their long possession over the subject residences and are annexed at Annexure "A Colly." However, since on account of ongoing activity of demolition on and around area of Chandola lake, and residences of the petitioners being likely to be removed, prior to such removal or demolition of petitioners' residences, they may be provided with alternative accommodation under rehabilitation Scheme, framed by the State Government. The State Government and Corporation are duty bound to provide alternative accommodation to the slum dwellers / hutments because their houses are going to be removed.