100 families homeless: Gujarat HC questions SMC action, seeks rehabilitation roadmap

The Gujarat High Court on Thursday sharply criticised the Surat Municipal Corporation (SMC) over its inquiry report on the Nasirnagar demolition, observing that the report failed to answer key questions and could not even be termed an inquiry report.

A single-judge bench expressed deep anguish over the civic body's actions, noting that there was absolutely no official order authorising the demolition.

SMC asked to submit rehabilitation plan

Observing that displaced families must be rehabilitated, the court said it was the duty of the Surat Municipal Corporation to ensure those affected by the unauthorised demolition were appropriately accommodated.

The court said this could be done either by rebuilding their homes at the original site or by accommodating them elsewhere through negotiations.

The Municipal Commissioner has been directed to submit a proposal in the form of an affidavit before the next hearing, detailing the plan for providing appropriate accommodation to the affected families.

"This is not an inquiry report"

The court rejected the report submitted by the civic body, saying, "The inquiry report is neither here nor there. It is not an inquiry report. It is going around in circles."

The High Court further warned that it possessed sufficient powers to act even without issuing prior notice in exceptional circumstances.

When the Advocate General submitted that the inquiry was intended to identify the "ring leaders", the court remained unconvinced by the explanation.

Court questions action against officials

The High Court also questioned whether merely suspending officials was an adequate response to the incident.

Referring to the demolition, which allegedly left around 100 families homeless, the bench remarked that the authorities still believed suspension was sufficient and were now proposing a departmental inquiry.

"God knows when the departmental inquiry will be over," the court observed.

Court calls demolition 'unauthorised'

The case pertains to the demolition drive carried out in the Nasirnagar area of Surat on May 30, when residential structures were razed, leaving several families displaced and triggering widespread concerns over the legality of the action.

The high court said that Prima facie, in view of the fact which is now undisputed as regard demolition ws unauthorised, to this court it would appear, the duty of corporation is to ensure persons displaced by unauthorised demolitions are appropriately accommodated, either by rebuilding the residences at the very same place where it stood before the demolition or by way of private negotiations, if private persons could be accommodated elsewhere. Proposal in this regard shall be placed by SMC commissioner on record by way of affidavit by next date.

The matter is scheduled to be heard next on July 9.