3 weeks ago
Gujarat HC: Demolition inquiry a farce if senior officers stay
People who lived in a place called Nasirnagar, in the city of Surat, had their homes torn down by city workers.
More than one hundred homes were destroyed on one day.
The families lost their homes and had nowhere to live.
A judge is now checking whether what happened was fair and legal.
The judge thinks city officials who gave the orders should step away from their jobs while they are being investigated.
He also decided that the city must pay to give the families new homes.
Some city leaders wanted the families to pay a lot of money, but the judge said that was not right.
The judge thinks the demolition may have happened secretly and without following the rules.
The city has to explain its actions to the court by August 14.
The Gujarat High Court asked the state to explain why senior officers, including Surat Municipal Commissioner M Nagrajan, still hold posts during the Nasirnagar demolition inquiry.
Justice Nikhil Kariel said if the Surat Municipal Corporation maintains the demolitions were justified, the officers must 'go home'.
The court ordered that rehabilitation costs be borne by the state and the Corporation, then recovered from the officers responsible.
The court rejected a plan to rehabilitate displaced families via the EWS housing scheme, which would have required payments of about Rs 5.5 lakh.
The court observed that 106 units were demolished on May 30 under the guise of demarcation, saying the exercise appeared well planned and prima facie without authority of law.
- Who
- Gujarat High Court Justice Nikhil Kariel; Surat Municipal Commissioner M Nagrajan and other senior officials; 26 Nasirnagar residents who filed petitions; Advocate General Kamal Trivedi for the state.
- What
- The court questioned why senior officers under inquiry continued in their posts and directed the state and Corporation to bear rehabilitation costs for demolished homes.
- Where
- Gujarat High Court; Nasirnagar in Surat, Gujarat.
- When
- Hearing held on Monday; homes demolished on May 30; state reply due by August 14.
- Why
- Because the demolition appeared prima facie to have been carried out without the authority of law, and allowing officers under scrutiny to stay could make the inquiry 'nothing but a farce'.
Key facts
- Court
- Gujarat High Court (Justice Nikhil Kariel)
- Demolished units
- 106
- Demolition date
- May 30
- Petitioners
- 26 Nasirnagar residents
- State reply deadline
- August 14
- Proposed EWS payment
- Approximately Rs 5.5 lakh per family
- Relevant law
- Gujarat Municipal Corporation Act, 1949
Quotes
Justice Nikhil Kariel
Gujarat High Court judge presiding over the case
“"The rehabilitation cost should be borne by the Corporation and subsequently recovered from the officers responsible"”
indianexpress.com
“"To man the posts would result in the inquiry being nothing but a farce"”
indianexpress.com
Sources
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