SHAIKH KAMRAN AHMAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This writ petition in the nature of Public Interest Litigation has been filed by the petitioner in which he has sought for the following reliefs:

(2.) Heard learned advocate Mr.N.K. Majmudar for the petitioner and learned Senior Counsel Mr.Prashant Desai assisted by learned advocate Mr.Dhaval G. Nanavati for respondent Nos.2 and 3.

(3.) Learned advocate for the petitioner has challenged the Notification dated 12.07.2016 published by the prescribed authority i.e. Municipal Commissioner, Surat Municipal Corporation, on the basis of the delegated powers of the State Government under the provisions of Section 2(1) of the Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973 (hereinafter referred to as "the Act of 1973" for the sake of convenience). By way of the said Notification, areas of Anjana, Ambedkarnagar, Anvarnagar, Surat as well as Khwajanagar and Vivekanandnagar are included in the said Notification and the said areas are declared as slum areas. It is submitted that dwelling unit holders, who are residing in their dwelling units in the said areas, came to be shifted from various other areas of city of Surat and they were allotted respective plots by the respondent Corporation as a part of rehabilitation scheme. The said dwelling holders constructed their residential units as per the Government Resolutions. Residents of the said areas are also paying property tax and water tax and the respondent Corporation has provided various types of facilities to the said areas. It is mainly contended that the areas mentioned in the impugned Notification are not the areas which would cover within the definition of Section 3 of the Act of 1973. In fact, dwelling units which have been situated in the said areas are the most developed areas of the city of Surat. In spite of that, such areas are sought to be declared as slum areas.