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HC issues notices to Gujarat govt, AMC, police in contempt of court plea over demolitions

City Civil Court had issued a notice on January 1, the AMC demolished residential structures on Jan 2, plea said

amc, Gujarat High Court, Ahmedabad Municipal Corporation, HC issues notices to Gujarat govt, Supreme Court, Ahmedabad news, Gujarat news, Indian express, current affairsThe court has noted the petitioner's contention in the order that they immediately filed a civil suit in the City Civil & Sessions Court, Ahmedabad, wherein a notice was issued and further hearing was posted on January 4, 2025.

A division bench of the Gujarat High Court has issued notices to the Gujarat government, 12 officials of the Ahmedabad Municipal Corporation and Ahmedabad City Police in an alleged contempt of court case in connection with the demolition of two residential structures in the Rakhial area of Ahmedabad allegedly in violation of the guidelines issued by the Supreme Court.

The court passed the order on January 8, a copy of which was made available on Tuesday, and posted further hearing in the case for February 2.

The petition has been filed by one Saiyda Banu and her son Bhuraji Sikander Ahemad through their lawyer Nitish Nair.

As noted by the High Court in its order while issuing notices to the respondents, the petitioners had filed the petition due to “alleged contempt for willful and deliberate disobedience” of the directions of the Supreme Court given in a writ petition on November 24, 2024, on demolition of a structure.

One of the directions issued by the Supreme Court, as noted by the HC in its order, stated, “No demolition should be carried out without a prior show-cause notice returnable either in accordance laws/or with the time provided by the local municipal laws/or within 15 days’ time from the date of service of such notice, whichever is later.”

The Supreme Court had also clarified that the directions issued by it will not be applicable if there is an unauthorised structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a Court of law.

According to the petitioners, they were issued a notice under the provisions of the Bombay Provincial Municipal Corporation Act (BPMC Act) on December 24, 2024 while “giving only two days” time to file the reply. The petitioners filed the reply on December 26, 2024. However, the respondent authority (AMC) issued another notice the same day, December 26, 2024, under the provisions of the BPMC Act.

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The court has noted the petitioner’s contention in the order that they immediately filed a civil suit in the City Civil & Sessions Court, Ahmedabad, wherein a notice was issued and further hearing was posted on January 4, 2025. The AMC was also served the notice on January 1, 2025. However, the AMC demolished the residential structures on January 2, 2025.

Petitioners’ lawyer Nair said that they had moved a contempt of court petition before the Supreme Court since the respondents’ action was in violation of the guidelines issued by the top court on November 13, 2024. The Supreme Court had disposed of the petition while granting the petitioners liberty to file appropriate proceedings before the High Court. Following that, the petition seeking contempt of court proceedings against the state authorities has been filed before the High Court.

Parimal A Dabhi works with The Indian Express as Chief of Bureau, focusing on the state of Gujarat. Leveraging his seniority and access, Dabhi is recognized for his reporting on the complex interplay of law, politics, social justice, and governance within the region. Expertise & Authority Core Authority (Social Justice and Law): Dabhi is a key source for in-depth coverage of caste-based violence, discrimination, and the state's response to social movements, particularly those involving Patidar, Dalit and OBC communities. His reporting focuses on the societal and legal fallout of these issues: Caste and Discrimination: He has reported extensively on social boycotts and instances of violence against Dalits (such as the attack on a Dalit wedding party in Patan), the community's demands (like refusing to pick carcasses), and the political responses from leaders like Jignesh Mevani. Judicial and Legal Affairs: He tracks significant, high-stakes legal cases and judgments that set precedents in Gujarat, including the convictions under the stringent Gujarat Animal Preservation Act (cow slaughter), 2002 Gujarat riots and developments in cases involving former police officers facing charges of wrongful confinement and fake encounters. Political and Administrative Oversight: Dabhi provides essential coverage of the inner workings of the state government and the opposition, ensuring a high degree of Trustworthiness in political analysis: State Assembly Proceedings: He frequently reports directly from the Gujarat Assembly, covering Question Hour, discussion on various Bills, debates on budgetary demands for departments like Social Justice, and ministerial statements on issues like illegal mining, job quotas for locals, and satellite-based farm loss surveys. Electoral Politics: His work details key political developments, including election analysis (voter turnout records), party organizational changes (like the end of C R Patil’s tenure as BJP chief), and campaign dynamics. ... Read More

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