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This is an archive article published on June 22, 2009

AMC may land in legal trouble for recent demolition drive

The Ahmedabad Municipal Corporation (AMC) may soon land in a soup for its recent demolition drive targeting hutments in slums.

The Ahmedabad Municipal Corporation (AMC) may soon land in a soup for its recent demolition drive targeting hutments in slums. Legal experts have expressed their resentment against the drive,saying this was contempt of a Supreme Court order given in January this year.

The apex court had ordered a stay on the demolition of hutments in Santosh Nagar and Vatva on request of Jan Sagarsh Manch and other social groups in the city. However,barely three months after the stay,the civic body resumed its drive. If that was not enough,the AMC,in its recent meeting of the Standing Committee,ruled out the suggestion of 1995 as the cut-off date for the drive,whereas the SC had instructed them to follow it.

S H Iyyer,a Gujarat High Court lawyer,said,“The AMC cannot overrule a decision of the SC. This is disrespect to the court. We will challenge this soon. We are preparing necessary documents on the same.”

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He added that in 2005,the standing committee had proposed a cut-off date of 1995,but the state government overruled it. “After this,the SC had put a stay asking the government to follow 1995 as the cut-off date. The AMC cannot alter the decision. The AMC may have to face contempt of court charges,” he added.

The demolitions were carried out in Paldi,Dudheshwar,Machchipir and Vatva,evacuating nearly 700 people. Those evacuated were shifted to JNNURM dwellings immediately. Yet,those given promises of JNNURM houses for the last many years are still waiting.

Local slum leaders had opposed the move. “We were shifted to Piplag from Dani Limbda two years ago with promises to get houses under JNNURM. There were many others from Hajibava na Chhapra,Machchipur and other areas who were given JNNRUM forms and promised to be rehabilitated first,” said Mohammad Pathan,who was affected by the demolition drive.

He added,“The AMC has moved people from original settlements to alternative rehabilitations,but forgotten the promises given before for permanent housing under JNNURM.”

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The AMC in its previous demolition drives had evacuated nearly 50,000 people,and shifted them to Piplag and Wadaj,which serve as major alternative rehabilitation centres till today. The Corporation had earlier promised to give houses under JNNURM to the affected people,on which cases are going on in the HC.

“At present,cases are on for 3,000 hutments of Dani Limbda,250-300 of Bakramandi in Ranip and 6,000 of Machchipir. Incidentally,barring 52 hutments of Machchipur,no other family has been relocated in JNNURM dwellings yet,” said Bina Jadhav,who is fighting the case in the high court.

Moreover,the cut-off date of 1976,on which slums are selected for rehabilitation under JNNURM,has also been a matter of debate. Municipal commissioner I P Gautam said,“This is a complicated issue. We will have to look into the matter. However,I don’t know about recent demolitions.”

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