Gujarat HC orders rehabilitation for families displaced by ‘illegal’ demolition

The Gujarat High Court has observed that it is the responsibility of the Surat Municipal Corporation (SMC) to rehabilitate more than 100 families displaced by the demolition drive at Nasir Nagar on May 30, stating that the affected residents should either have their homes rebuilt at the same location or be provided alternative accommodation.

Hearing a petition filed by 26 residents, Justice Nikhil S. Kariel directed the SMC Commissioner to submit a rehabilitation proposal by July 9 outlining how the displaced families would be accommodated. The court also asked the Gujarat government to file an affidavit explaining its position on the incident, Maktoob Media reported.

Referring to the Commissioner's affidavit, the court noted that the operation had originally been planned as a demarcation exercise following a developer's request. According to the affidavit, officials from the corporation's Central Zone had sought police protection for the demarcation without any decision authorising demolition.

The High Court observed that the affidavit indicated the demolition had been carried out without legal authorisation. Justice Kariel remarked that, prima facie, the corporation was responsible for rehabilitating those displaced by the unauthorised action.

The court also considered the findings of a preliminary inquiry committee, which reported that the officials involved had not fully disclosed the facts, making a further investigation necessary. The SMC Commissioner informed the court that five municipal officials had been suspended after the committee submitted its report on June 30.

During the hearing, Justice Kariel questioned whether suspending officials alone was an adequate response when around 100 families had lost their homes. The judge observed that the issue extended beyond the municipal corporation and raised questions about the state's role.

The court further asked why no criminal case had been registered against the officials allegedly responsible despite more than a month having passed since the demolition.

Addressing the police affidavit, Justice Kariel observed that the police could not remain passive after the exercise allegedly went beyond demarcation and turned into demolition. He questioned why officers had failed to intervene once the nature of the operation changed, noting that the police were expected to act proactively rather than merely maintain order.

In its affidavit, the Surat Police Commissioner said police personnel had been deployed only to maintain law and order following concerns about possible unrest. The state also stated that some persons with criminal records and previously identified Bangladeshi infiltrators had lived in and around Nasir Nagar, but clarified that these facts should not be interpreted as a justification for demolishing any structures.

The High Court, however, observed that once demolition began under the guise of a demarcation exercise, it became the police's duty to act on complaints made by the affected residents.

The matter has been listed for further hearing on July 9. By then, both the SMC Commissioner and the Gujarat government have been directed to submit detailed affidavits on the demolition, accountability of officials and rehabilitation measures for the displaced families.