SITABEN BALDEVBHAI DESAIversusSTATE OF GUJARAT

  C/SCA/18511/2017                              JUDGMENT DATED: 12/03/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 18511 of 2017
                                With
             R/SPECIAL CIVIL APPLICATION NO. 8506 of 2016
                                With
             R/SPECIAL CIVIL APPLICATION NO. 6862 of 2017

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK                      Sd/-

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          Approved for Reporting               Yes          No
                                                            ୰
==========================================================
             ISHWARBHAI HAMIRBHAI VANSAFODIYA & ORS.
                              Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MANOJ SHRIMALI(2331) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,3,4,5,6,7,8,9
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1
MR PG DESAI SENIOR ADVOCATE WITH MR DEEP D VYAS(3869) for the
Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 12/03/2026

                             JUDGMENT


1. Rule returnable forthwith. Mr. Kanara, learned AGP
waives service of notice of rule on behalf of the
respondent No.1 and Mr. Deep D. Vyas, learned counsel
waives service of notice of rule on behalf respondent No.2




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2.       Since the issues involved in the present petitions are
identical and arise out of similar facts, all the petitions
are heard together and are being decided by this common
judgment treating the Special Civil Application No.18511
of 2017 as lead matter.

3.       In the lead matter i.e. Special Civil Application
No.18511 of 2017 the petitioners have prayed for
following relief/s:-
         "8(A) Your Lordships may be pleased to issue a writ of
         mandamus or a writ in the nature of mandamus or any
         other appropriate writ, order or direction, for
         consideration of the case of the petitioners by providing
         them alternative accommodation and/or by allotting flats
         in question constructed at Mangal Talavadi area or at
         any other place.

         [B] Till decision for consideration of alternative
         accommodation to be provided to the petitioners is
         taken, Your Lordships may be pleased to provide
         alternative accommodation to the petitioners.

         [C] Pending hearing and final disposal of the present
         petition, Your Lordships may be pleased direct the
         respondents to extend benefits of the R & R Scheme to
         the petitioners.

         [D] Pending admission, hearing and final disposal of the
         present petition, Your Lordships may be pleased to
         direct the respondents to provide temporary alternative
         accommodation to the petitioners.

         [E] Your Lordships may be pleased to grant any other
         and further reliefs, as the nature and circumstances of
         the present case may require in the interest of justice."


4. Since the identical issues and facts involved in all the


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     C/SCA/18511/2017                                        JUDGMENT DATED: 12/03/2026




petitions the facts mentioned in the lead petition i.e.
Special Civil Application No.18511 of 2017 are taken into
account.

5.       As per the petitioners they had been residing in the
Mangal Talavadi hutment area for more than 35 years
prior to their removal by the respondent authorities and
are therefore affected persons in the present petition. The
said land falls under T.P. Scheme No. 26 (Vasna), Final
Plot No. 274 + 275/2. At the time of the survey conducted
by     the      respondent         authorities,           the    petitioners         had
submitted relevant documentary evidence such as Aadhar
Cards, tax bills, tax payment receipts, death certificates
and other supporting documents.


5.1 The petitioners belong to the lower strata of the
society and most of them belong to the SEBC community.
They are poor and uneducated persons who earn their
livelihood by doing miscellaneous labour work and
maintain their families with great difficulty.


5.2 As per petitioners, the respondent no.1 introduced a
Scheme for Rehabilitation and Redevelopment of Slums,
2010 and pursuant thereto respondent no.2 awarded a
contract to M/s B. Safal & Company for construction of
flats at Mangal Talavadi area for rehabilitation of
hutment           dwellers.        A   survey        of    the     residents        was
conducted               by   the   respondent             authorities       and      the
petitioners had submitted the necessary documents at the
time of the survey. Thereafter, a list of eligible persons


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     C/SCA/18511/2017                                      JUDGMENT DATED: 12/03/2026




was prepared by respondent no.2 in which the names of
the petitioners were also included.


5.3 Despite the above, flats constructed under the said
scheme have been allotted to several persons who were
not residents of the area and were not part of the survey,
and in many cases multiple flats have been allotted to
relatives of the office bearers of the Association in
collusion with certain officials of respondent no.2 and the
contractor. As a result, the petitioners, though eligible
and whose names appear in the list, have not been
allotted flats.


5.4 The petitioners had raised their grievances before the
respondent               authorities      and        had      also       submitted
representations requesting allotment of flats under the
said rehabilitation scheme. However, no action has been
taken by the respondents till date.

5.5      Being          aggrieved   by       the     illegal,    arbitrary         and
discriminatory action of the respondent authorities in not
allotting flats to the petitioners though they are eligible
beneficiaries under the scheme, the petitioners have
preferred the present petition.

6.       Heard learned counsels for the respective parties.

7.       Today, Mr. P.G. Desai, learned Senior Counsel
assisted by Mr. Vyas, learned advocate appearing for



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     C/SCA/18511/2017                                                              JUDGMENT DATED: 12/03/2026




respondent                 No.2–Ahmedabad                             Municipal                  Corporation,
upon instructions received from the concerned authority
of      the          Corporation,                     submitted                   that          if       a        fresh
representation is made by the petitioners raising their
grievances, the same shall be considered and decided by
the Corporation in accordance with law.

8.       In view of the aforesaid statement made on behalf of
respondent No.2, the present petitions are disposed of
with a direction that the petitioners shall submit a fresh
representation to the respondent Corporation within a
period of three weeks, along with all relevant documents
and materials in support of their claim.

9. Upon receipt of such representation, the respondent
Corporation shall decide the same within a period of six
weeks after providing a full and fair opportunity of
hearing            to        the         petitioners                 and          after           taking            into
consideration                   the         relevant              record             as        well          as       the
applicable policy and scheme.
         Direct service is permitted.
                                                                                                 Sd/-
                                                                       (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI


 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/03/2026 17:39:39




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