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
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 56 of 2015
==========================================================
MANZIL CHARITABLE TRUST THRO GENERAL SECRETARY, VINUBHAI
NARSINHBHAI ZAPADIYA
Versus
STATE OF GUJARAT & ORS.
==========================================================
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
==========================================================
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.
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
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
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
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
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
