VASANTIBEN DHANSUKHBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the writ applicant, since deceased, now through her legal heirs and representatives, has prayed for the following reliefs:

(2.) This writ application was filed by Vasantiben Dhansukhbhai Desai, a widow with 60% visual disability. Vasantiben passed away on 17th January, 2015. In such circumstances, her son, namely, Narendra Dhansukhbhai Desai and her two daughters, namely, Pinalben Dhansukhbhai Desai and Tejalben Dhansukhbhai Desai were brought on record as the legal heirs. The son, namely, Narendra is a patient of cerebral palsy, having 75% disability.

(3.) The facts of this case are extremely gross and disturbing. The writ applicants seek to challenge the arbitrary, illegal and highhanded action of the Gujarat Slum Clearance Board (GSCB), the respondent No.3 herein of disposing of the subject land which, at one point of time, was owned by the writ applicants. The land in question, owned by the writ applicants, was acquired by the GSCB in the name of "public purpose" for the construction of residential units for the Economically Weaker Sections (EWS) and the persons belonging to the Lower Income Group (LIG). The writ applicants pray for the re-grant of the land bearing Revenue Survey No.185, Block No.198 admeasuring 0/52/61 sq. mtrs and the land bearing Survey No.195, Block No.209 of village Kansad, District: Surat, admeasuring 0/77-90 sq. mtrs on payment of the occupancy price.