Gujarat High Court notice to state authorities in petition against SoU Act

The notice has been issued to the state government’s urban development department, legislative and parliamentary affairs department, tourism department and tribal development department.

The Gujarat High Court (File)

A division bench of the Gujarat High Court Tuesday issued notice to the state authorities in a public interest litigation challenging the constitutional validity of the provisions of the Statue of Unity Area Development and Tourism Governance Act, 2019.

The notice has been issued to the state government’s urban development department, legislative and parliamentary affairs department, tourism department and tribal development department.

While Sardar Sarovar Narmada Nigam Ltd, SoU Tourism Authority and taluka development officer of Garudeshwar taluka have been made respondent parties, the court did not issue notice to them.

Story continues below this ad

The PIL has sought that the Act be declared as unconstitutional, and in contravention to PESA Act, LAAR Act, Forest Dwellers Act, 2006, Forest Conservation Act, 1980 and several other statutory provisions.

According to the PIL, in the name of tourism, town planning is carried out in the area which is prohibited for designated scheduled areas under Article 243ZC of the Constitution.

The PIL has been moved by 11 petitioners —10 of them being members of ST Community, having their permanent residence in the Garudeshvar/ Kevadia area — and one being a public trust Samast Adivasi Samaj.

The petition submits that a number of Gram Sabhas in Garudeshwar area have “passed a resolution rejecting the operation and implementation of the SOU Act, 2019, and that the Act has had a “resultant effect to cause eviction of the tribals of Narmada district…”

Story continues below this ad

The court has now kept the matter for hearing next on September 1.

Stay updated with the latest - Click here to follow us on Instagram