The Crossbill News Desk
The Gujarat High Court has come down heavily on the Surat Municipal Corporation (SMC), the state government and the police over the demolition of around 150 houses in Surat's Nasirnagar slum, questioning the legality of the exercise and the apparent absence of due process.
Hearing a petition filed by residents on Friday, June 26, Justice Nikhil Kariel directed the SMC to place a “definite rehabilitation plan” for the affected families before the court by Monday, The Indian Express reported.
The court made it clear that the authorities could not evade responsibility for the displaced residents, with the judge observing that even the demolition of a single house without following legal procedure “could not be countenanced” and stating, “I will not hear a submission that you do not have accommodation. Rent tents if you have to… The axe has to fall, and it will.”
The demolition drive, carried out between May 28 and 30 in the Ved Darwaja-Katargam area of Surat, left scores of families homeless. Residents have maintained that bulldozers razed their homes without prior notice or any formal demolition order and claimed that the operation was conducted under police protection.
The legal challenge was initiated earlier this month by petitioner Hussain Aziz Shaikh, whose own house was spared in the demolition. The petition named the State of Gujarat, the Surat Municipal Corporation, the Surat Police Commissioner, the Deputy Commissioner of Police and the Special Operations Group as respondents. Subsequent reports indicate that as many as 26 petitioners have now joined the case.
While the SMC has denied carrying out the demolitions, Municipal Commissioner N. Nagarajan has claimed that civic officials were present only to demarcate a proposed road under a town planning scheme on privately owned land, The Times of India reported.
“This demolition was not done by us,” he said.
The police, however, have stated that personnel were deployed at the site after receiving a request for security from municipal authorities.
The court has sought an explanation from the government regarding the presence of senior police officers and civic officials at the site if the demolition was not an officially sanctioned exercise. Through Government Pleader G.H. Virk, the court also directed the Surat Police Commissioner to file a personal affidavit by Monday, June 29, detailing the police response to complaints from residents and explaining why no FIR had been registered despite allegations of illegal demolitions.
Expressing concern over the handling of the matter, Justice Kariel observed: “If the commissioner is informed that 150 houses have been demolished, either he says it was an official demolition by the Corporation, or he explains why no FIR has been registered… The (Commissioner) cannot choose to ignore such allegations.”
The matter is scheduled to be taken up again on Monday, when the court will examine the rehabilitation plan for the displaced families and the affidavits filed by the authorities.
Hearing a petition filed by residents on Friday, June 26, Justice Nikhil Kariel directed the SMC to place a “definite rehabilitation plan” for the affected families before the court by Monday, The Indian Express reported.
The court made it clear that the authorities could not evade responsibility for the displaced residents, with the judge observing that even the demolition of a single house without following legal procedure “could not be countenanced” and stating, “I will not hear a submission that you do not have accommodation. Rent tents if you have to… The axe has to fall, and it will.”
The demolition drive, carried out between May 28 and 30 in the Ved Darwaja-Katargam area of Surat, left scores of families homeless. Residents have maintained that bulldozers razed their homes without prior notice or any formal demolition order and claimed that the operation was conducted under police protection.
The legal challenge was initiated earlier this month by petitioner Hussain Aziz Shaikh, whose own house was spared in the demolition. The petition named the State of Gujarat, the Surat Municipal Corporation, the Surat Police Commissioner, the Deputy Commissioner of Police and the Special Operations Group as respondents. Subsequent reports indicate that as many as 26 petitioners have now joined the case.
While the SMC has denied carrying out the demolitions, Municipal Commissioner N. Nagarajan has claimed that civic officials were present only to demarcate a proposed road under a town planning scheme on privately owned land, The Times of India reported.
“This demolition was not done by us,” he said.
The police, however, have stated that personnel were deployed at the site after receiving a request for security from municipal authorities.
The court has sought an explanation from the government regarding the presence of senior police officers and civic officials at the site if the demolition was not an officially sanctioned exercise. Through Government Pleader G.H. Virk, the court also directed the Surat Police Commissioner to file a personal affidavit by Monday, June 29, detailing the police response to complaints from residents and explaining why no FIR had been registered despite allegations of illegal demolitions.
Expressing concern over the handling of the matter, Justice Kariel observed: “If the commissioner is informed that 150 houses have been demolished, either he says it was an official demolition by the Corporation, or he explains why no FIR has been registered… The (Commissioner) cannot choose to ignore such allegations.”
The matter is scheduled to be taken up again on Monday, when the court will examine the rehabilitation plan for the displaced families and the affidavits filed by the authorities.
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