Gujarat High Court
Manzil Charitable Trust Thro General ... vs State Of Gujarat on 11 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/WPPIL/56/2015 ORDER DATED: 11/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 56 of 2015
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MANZIL CHARITABLE TRUST THRO GENERAL SECRETARY, VINUBHAI
NARSINHBHAI ZAPADIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR AJAY L PANDAV(3660) for the Applicant(s) No. 1
AISHVARYA(8018) for the Opponent(s) No. 5
DS AFF.NOT FILED (N) for the Opponent(s) No. 2,3,4
MS HETAL PATEL ASSISTANT GOVERNMENT PLEADER for the
Opponent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 11/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The present public interest litigation filed on 17.03.2015 with a relief not to evict more than 100 hutment dwellers from the land bearing Final Plot No.62, T.P. Scheme No.131 [Kathwada - Bhuvaladi - Singarava] at Singarava, Taluka Daskroi, District Ahmedabad known as "Somaji's Vadiu", is pending for a long time with an interim protection granted to the hutment dwellers protecting them from eviction from the land in question.
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NEUTRAL CITATION C/WPPIL/56/2015 ORDER DATED: 11/07/2025 undefined
2. The present petition has been filed in the nature of a public interest litigation by a trust named as Manzil Charitable Trust who is espousing the cause of hutment dwellers of Singarava, who were sought to be evicted pursuant to the notices given by the Mamlatdar. The interim order is operating since 18.03.2015.
3. Ms. Aishvarya Gupta, learned counsel has put in appearance on behalf of the respondent no.5 - Ahmedabad Municipal Corporation to submit that the area in question, over which the petitioners are claiming to be residing as hutment dwellers, the part of Final Plot No.62, T.P. Scheme No.131 [Kathwada - Bhuvaladi - Singarava] at Singarava, Taluka Daskroi, District Ahmedabad, falls within the jurisdiction of the Ahmedabad Urban Development Authority [AUDA] and Ahmedabad Municipal Corporation has no jurisdiction to take any decision.
4. Learned counsel for the petitioner, on the otherhand, would submit that the petitioners are entitled for the same indulgence as has been granted to the petitioners in Special Civil Application No.15496 of 2010 filed by an Association of Page 2 of 6 Uploaded by A. B. VAGHELA(HC01079) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 21:55:30 IST 2025 NEUTRAL CITATION C/WPPIL/56/2015 ORDER DATED: 11/07/2025 undefined the hutment dwellers, vide judgment and order dated 26.04.2011. The relief as granted therein in paragraph-7 is sought with respect to the hutment dwellers represented by the petitioner herein. Paragraph-7 of the judgment and order dated 26.04.2011 passed by this Court in the aforesaid writ petition, wherein the Ahmedabad Municipal Corporation was the respondent, is relevant to be extracted herein under:-
"7. Considering the above, the present petition is disposed of. Let the respective Slum Dwellers for whose benefit the present petition is preferred, independently and/or through the petitioner - Association, submit application before "Slum Rehabilitation Committee" of the Ahmedabad Municipal Corporation along with necessary proof of their residence, etc. within a period of eight weeks from today and on receipt of the same, the aforesaid "Slum Rehabilitation Committee" of Ahmedabad Municipal Corporation is directed to scrutinize the same and identify those persons, who can be said to be Eligible Slum Dwellers under the Rehabilitation and Redevelopment of the Slums, 2010 and prepare the list of such Eligible Slum Dwellers and communicate the same to the respective Slum Dwellers or to the petitioner. The aforesaid exercise shall be completed by the "Slum Rehabilitation Committee" of the Ahmedabad Municipal Corporation within a period of eight weeks from the date of receipt of such applications and thereafter the cases of respective Slum Dwellers to be considered for granting benefit under the aforesaid Rehabilitation and Page 3 of 6 Uploaded by A. B. VAGHELA(HC01079) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 21:55:30 IST 2025 NEUTRAL CITATION C/WPPIL/56/2015 ORDER DATED: 11/07/2025 undefined Redevelopment of the Slums, 2010 and any other scheme referred to hereinabove, after following due procedure as required. It goes without saying that if any Slum Dweller is dissatisfied with the decision of the Committee with respect to Eligible Slum Dwellers, it will be open for him to file appropriate proceedings, which shall be considered in accordance with law and on merits."
5. Taking note of the above, considering the statement made by Ms. Aishvarya Gupta, learned counsel appearing for the Ahmedabad Municipal Corporation and the submission of the learned counsel for the petitioner, we do not find any reason to keep the writ petition pending, granting further liberty to the petitioner, after a period of ten years, to implead the Ahmedabad Urban Development Authority as party respondent, more so for the directions being issued herein- after.
6. In the facts and circumstances of the case, we find it fit and proper to dispose of the present writ petition with the direction that the respective hutment dwellers for whose benefit the present petition has been preferred, shall independently file their applications before the Competent Officer of the Ahmedabad Urban Development Authority Page 4 of 6 Uploaded by A. B. VAGHELA(HC01079) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 21:55:30 IST 2025 NEUTRAL CITATION C/WPPIL/56/2015 ORDER DATED: 11/07/2025 undefined alongwith the necessary proof of their residence etc. within a period of six weeks from today alongwith the copy of this order. On receipt of such applications, the concerned Officer or Slum Rehabilitation Committee, as the case may be, would be required to scrutinize each application and deal with the same strictly in accordance with the Rehabilitation and Redevelopment of the Slums, 2010, by providing personal opportunity of hearing to each of the hutment dwellers who filed applications seeking for their rehabilitation. The decision strictly in accordance with law shall be taken by passing a reasoned speaking order within a period of four weeks from the date of receipt of the applications. It goes without saying that this Court has not entered into the merits of the claim of the hutment dwellers represented by the petitioner herein.
7. Further, for a period of four months from today or till a decision is taken by the competent authority in accordance with the above directions, whichever is earlier, none of the hutment dwellers represented by the petitioner herein shall be evicted pursuant to the notices issued by the Mamlatdar in the year 2015. However, it would be open for the Ahmedabad Urban Development Authority to issue a fresh notice and take Page 5 of 6 Uploaded by A. B. VAGHELA(HC01079) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 21:55:30 IST 2025 NEUTRAL CITATION C/WPPIL/56/2015 ORDER DATED: 11/07/2025 undefined appropriate action after disposal of the representations/ applications filed by the individual hutment dwellers, if any.
8. This order be intimated in writing by the learned counsel for the petitioner to the penal counsel appearing for the Ahmedabad Urban Development Authority within a period of one week from today for necessary information/ intimation to the competent authority.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) A. B. VAGHELA Page 6 of 6 Uploaded by A. B. VAGHELA(HC01079) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 21:55:30 IST 2025