Gujarat High Court Grants State More Time In Surat Demolition Case

The Gujarat High Court on Thursday deferred proceedings regarding the unauthorized May 30 demolition in Surat’s Nasir Nagar that left more than 100 families displaced, granting the state government and city police additional time to submit their responses.

Justice Nikhil Kariel adjourned the matter to July 20 after representatives for both the state and the Surat Municipal Corporation (SMC) requested extensions. Government Pleader G.H. Virk cited the ongoing flood situation in Surat as the reason for the delay in filing the Surat Police Commissioner’s affidavit. Meanwhile, SMC Advocate General Kamal Trivedi requested a week to review existing court filings before submitting the municipal body’s formal response.

The legal proceedings stem from a petition filed by 26 affected residents who are challenging the demolition, seeking accountability, and demanding rehabilitation. The homes were razed without prior notice or official demolition orders during what the civic body later acknowledged was meant to be a physical demarcation exercise.

Court Mandates Rehabilitation And State Clarification

At a previous hearing on July 1, the High Court noted that the municipal corporation itself had acknowledged the action was unauthorized and unlawful.

READ ALSO  Supreme Court Declines Fresh Plea on Compensation for Bulldozer Demolitions

Following this acknowledgment, the court ruled that the SMC is responsible for the immediate rehabilitation of the displaced families. The municipal commissioner was directed to present a concrete proposal to either rebuild the homes on the original site or provide alternative accommodations.

The High Court also ordered the Gujarat state government to clarify its position on the incident. The court previously observed that since the demolition was unauthorized, the local police should have acted on complaints from the residents rather than protecting the demolition crew.

Suspended Officials Secure Independent Counsel

During Thursday’s hearing, three private attorneys informed the court that they had been hired to represent the suspended SMC officials impleaded in the petition in their personal capacities. The officials include Executive Engineer Sujal Prajapati, Urban Development and Town Planning official Naresh Galchar, Junior Engineer Monik Gadhiya, and Assistant Engineer Jainish Patel.

READ ALSO  किसी की 'बचकानी जिज्ञासा' को संतुष्ट करने के लिए आरटीआई कानून का इस्तेमाल नहीं किया जा सकता: पीएम डिग्री विवाद पर यूनिवर्सिटी ने हाईकोर्ट से कहा

The attorneys had faced administrative delays after the High Court Registry requested they obtain the civic body’s official seal to file their representation papers. Justice Kariel overruled this requirement, instructing the Registry to accept the filings because the officials are being sued individually.

An internal preliminary inquiry conducted by the SMC previously revealed that the involved officials had not been transparent about the sequence of events leading to the demolition. A deeper inquiry was ordered, and five municipal officials were subsequently suspended.

READ ALSO  Compensation Won’t’ Be Provided to the Passenger if He Dies Due to Any Act Committed by Him in a State of Intoxication or Insanity: Bombay HC
Ad 20- WhatsApp Banner

Law Trend
Law Trendhttps://lawtrend.in/
Legal News Website Providing Latest Judgments of Supreme Court and High Court

Related Articles

Latest Articles