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Gujarat HC orders Ahmedabad civic body to inspect Vejalpur society, Real Estate News, ET RealEstate

Gujarat HC orders Ahmedabad civic body to inspect Vejalpur society, Real Estate News, ET RealEstate
AHMEDABAD: The Gujarat high court on Tuesday came down heavily on residents of Shree Bhavani Cooperative Housing Society in Vejalpur over unauthorized construction and ordered the Ahmedabad Municipal Corporation to undertake inspection and take action against against encroachers at the earliest and report back to the court.

The case involves one Ramila Makwana, who assured the court four years ago that she would demolish construction illegally put up by her family. When the HC ordered the family last week to remove the construction, which cannot be regularised under GDCR rules, AMC officials insisted on the removal and the family approached the HC on Monday. Two women of the family broke down in the courtroom.

This led the court to issue the family a stern warning to not indulge in emotional expression to move the court. The bench of Justice J B Pardiwala and Justice V D Nanavati said that the family took everything for granted, including the high court. The judges sent out a clear message to the society, “Crying and wailing before the court hardly matters. It will never weigh, and will not waver the court. The court is expected to follow the law and ask any citizen to comply with the law. The judiciary must not take on the colouration of whatever may be popular at the moment. The high court is a guardian of rights and we have to tell people things that they often don’t like to hear. No man is above the law and no man is below it; nor do we ask for any man’s permission when we ask any man to obey the law. It is demanded as a right and not as a favour.”

The high court granted the petitioner one last chance to apply to the AMC for regularization of her house. The court came to know that many houses in the society, which were constructed when the area was not part of AMC, were built in violation of law. The high court expressed shock at the illegal construction and ordered the AMC to undertake a survey and inspection of the society “and if it is found that entire society is unauthorized, action should be taken at the earliest and reported to the court.”

The HC made it clear that it should not happen that only one particular house is targeted and others go scot free. “The law will apply to all. If other bungalows are unauthorized, they should be demolished,” the court said.


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