The Gujarat High Court on Monday questioned the Surat Municipal Corporation over the legal basis for asking residents of Nasir Nagar to pay for rehabilitation after their homes were demolished without legal authority.
Justice Nikhil S. Kariel also questioned why the Surat Municipal Commissioner and senior police officials remained in their positions while a state-ordered inquiry into the demolition was underway.
The court asked the state and the municipal corporation to explain why residents whose homes were demolished unlawfully should have to make payments under the Economically Weaker Section housing scheme to obtain alternative accommodation.
The court also questioned why senior officials whose roles are being examined in the inquiry had not been removed pending its completion. The inquiry committee, constituted by the Gujarat government on July 18, is examining whether the demolitions complied with the Gujarat Municipal Corporation Act and the roles of the municipal commissioner, police officers and private individuals. It is expected to complete its work within two months.
The court observed that allowing officials under investigation to remain in their posts could affect the inquiry, particularly when statements from junior officials working under them may be required. It said it was important to ensure that "justice is seen to be done".
The court held that the Surat Municipal Corporation and, ultimately, the state are responsible for ensuring accommodation for those displaced, either by rebuilding their homes or providing alternative housing through government schemes. It rejected the suggestion that NGOs should bear the cost of rehabilitation.
The case relates to a May 30 demolition drive in Nasir Nagar that displaced more than 100 families. The demolition was reportedly carried out during a demarcation exercise initiated at the request of a private developer.
Earlier in July, the High Court, citing an affidavit submitted by the Surat Municipal Commissioner, described the demolition as "completely illegal" and directed authorities to address the rehabilitation of affected families.
A preliminary inquiry had also found discrepancies in accounts given by officials involved in the demolition, following which five municipal officials were suspended.