By Maktoob
The Gujarat High Court on Thursday observed that it was the Surat Municipal Corporation’s (SMC) duty to ensure that over 100 families displaced by the “unauthorised” demolition drive at Nasir Nagar on May 30 are rehabilitated, either by rebuilding their homes “at the very place” or by accommodating them elsewhere, Live Law reported.
Hearing a petition filed by 26 affected residents, Justice Nikhil S. Kariel directed the SMC Commissioner to submit, by July 9, a proposal outlining how the displaced families would be rehabilitated.
The Court also directed the Gujarat government to file an affidavit setting out its stand on the incident.
Referring to the SMC Commissioner’s affidavit, the Court noted that the demolition took place during what was intended to be a demarcation exercise initiated following a developer’s request.
According to the affidavit, officials from the corporation’s Central Zone had informed the police about the proposed demarcation and sought security, “without any underlying decision” authorising demolition.
The Court observed that the Commissioner’s affidavit made it clear that “the demolition was completely illegal.”
Taking the affidavit on record, Justice Kariel orally remarked that it was the corporation’s responsibility to rehabilitate those displaced by the unauthorised demolition.
“Prima facie… it is the duty of the Corporation to ensure that the persons displaced by the unauthorised demolition are appropriately accommodated either by rebuilding their residences at the very same place… or… accommodated elsewhere,” the Court observed.
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