By Maktoob

The Gujarat High Court on Monday questioned the Surat Municipal Corporation over the legal basis for charging residents of Nasir Nagar for rehabilitation after their homes were allegedly demolished without authority of law, Live Law reported.

The court also questioned why the Surat Municipal Commissioner and senior police officials were allowed to remain in their posts while a State-ordered inquiry into the demolition drive was underway.

Justice Nikhil S. Kariel said the State and the corporation must explain why residents whose homes were allegedly demolished unlawfully should be required to pay under the Economically Weaker Section (EWS) housing scheme to obtain rehabilitation. 

The court also questioned why senior officials facing allegations in the matter had not been removed from their posts pending the inquiry.

The court noted that the inquiry committee, constituted by the Gujarat government on July 18, has been tasked with examining whether the demolitions followed due process under the Gujarat Municipal Corporation Act and investigating the roles of the municipal commissioner, police officers and private individuals involved. It is expected to complete its inquiry within two months.

The court observed that allowing senior officials whose roles are under investigation to remain in their positions could compromise the inquiry, particularly when statements from junior officials working under their supervision may be required. It said that ensuring that “justice is seen to be done” was essential.

The court held that the Surat Municipal Corporation and, ultimately, the State are responsible for ensuring that those displaced by the demolitions are provided accommodation, either by rebuilding their homes or offering alternative housing through government schemes. It also rejected the suggestion that NGOs should pay for the residents’ rehabilitation, making clear that authorities cannot shift their responsibility onto civil society, and dismissed claims that the demolition was justified as an “afterthought.”

This story was originally published in maktoobmedia.com. Read the full story here.