December 11, 2021 12:46:21 am
The Gujarat High Court gave the green light to the Ahmedabad Municipal Corporation (AMC) to proceed with the redevelopment of slum quarters at Khokhra as it dismissed a petition filed by 44 residents opposing the project.
The petitioners had submitted that they are maintaining their houses on their own and therefore, do not require any redevelopment by AMC. They also argued that procedural infractions were caused by AMC in not observing and adhering to the requirement as envisaged in the Redevelopment of Public Housing Scheme Guidelines, 2016.
The petitioners also submitted that the redevelopment process by Nila Infrastructure under AMC was being carried out without following the due procedure of law.
On the other hand, advocate GH Virk, on behalf of AMC, submitted the quarters were nearly 60 years old; thus, making it eligible for redevelopment. It was further submitted that the carpet area of the residential unit, post redevelopment, “will be enhanced by 140 per cent and the aggregate carpet area of the non-residential unit would be enhanced by 125 per cent.”
He argued that there was resistance to the redevelopment project as some of the residents have made additional construction and coverage, including the balconies, creating additional space, walkway and veranda. These would have to be sacrificed if the new project is implemented.
AMC also submitted that consent for the redevelopment had been obtained from more than 60 per cent of the members, as required under the scheme. Other benefits such as monthly payment of rent were also being extended to the residents.
“The project is in the public interest for the greater public good and hence, the private interest will have to give way to the public interest. In the present case, the petitioners have not been able to show infractions of any of their rights, viz-a-viz, the failure on the part of the authority to perform the same. Under the circumstances, the petition with the prayers prayed for, do not deserve to be granted and is accordingly, dismissed,” noted the court of Justice Sangeeta Vishen while dismissing the petition.
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