Court orders Surat Muncipal Corporation to rebuild homes after ‘unauthorised demolition’

Gujarat High Court (HC) said Thursday that it was the duty of the Surat Municipal Corporation (SMC) to ensure that those displaced by the “unauthorised” demolitions at Nasir Nagar on May 30 are appropriately accommodated by building residences ‘at the very place’ or ‘elsewhere’. With that, the court ordered the Commissioner of SMC to put a proposal in that regard on affidavit before the court by July 9 when the matter has been posted for further hearing. The HC also directed the Gujarat government to make clear its stand on the matter through an affidavit even as the municipal commissioner submitted that the officers concerned were not coming out “truthfully” which required further inquiry into their roles.

The court of Justice Nikhil Kariel passed an oral order while hearing a set of petitions filed by 26 of the persons whose houses were demolished by officials of SMC on May 30.

During the hearing Advocate General Kamal Trivedi appearing for Surat Municipal Corporation, Government Pleader Gursharan Virk appearing for Surat Police commissioner Anupam Singh Gahlaut, tendered affidavits, besides a senior official of Torrent Power Limited also submitted an affidavit through his lawyer Salil Thakore. The advocate of the petitioners, Trusha Patel, also submitted an additional affidavit on certain aspects related to the incident which were not placed on record.

Referring to the affidavit submitted by the Surat Municipal Commissioner, the court observed in its order, that the advocate general’s affidavit had “inter alia pointed out that the plot in question belonged to certain private individuals and whereas, they had sought to develop the same with some third parties…and whereas, originally, on 12.03.2026 a plot validation certification had been sought for from the Corporation and whereas, the same had been rejected.”

“It is also submitted that on account of some request emanating from the respondent no.10 – developer so as to carry out physical demarcation of the prescribed street-line, some of the officers of the Central Zone, without any underlying decision, had intimated to the police authorities as regards a proposed procedure of demarcation which would be undertaken on 30.05.2026 and whereas, the police protection had been sought for. It has been categorically submitted by the Commissioner that during the course of demarcation, the demolition had occurred. Thus, it would appear that the Corporation is clear about the fact that the demolition was completely illegal,“ the court added.

In his affidavit, the SMC Commissioner also informed the court that a preliminary inquiry committee, headed by a Deputy Municipal Commissioner, had been formed which submitted its report on June 30.

Following the report, five SMC officials have been suspended in the episode.

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Referring to the report of the committee, the court observed in its order that the former has opined that, “…the officers concerned were not coming out with the details truthfully and therefore, further inquiry would be required into their roles.”

The Advocate General also submitted that appropriate steps have been undertaken to temporarily relocate the displaced persons.

Taking the affidavit of the SMC Commissioner on record, the court observed in the oral order, “Prima facie, in view of the fact which is now undisputed as regards the demolition being unauthorized, to this Court, it would appear that it is the duty of the Corporation to ensure that the persons displaced by the unauthorized demolition are appropriately accommodated either by rebuilding their residences at the very same place where it stood before the demolition or by way of private negotiations if the displaced persons could be accommodated elsewhere. A proposal in this regard shall be placed by the Commissioner on record by way of affidavit by the next date of hearing.”

The court also took the affidavit of Surat Police Commissioner on record in which the latter ‘attempted to justify’ the police presence at the demolition site.

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In this context, the court observed in its order, “Prima facie, when it is clear that the demolition was unauthorized and then it becomes the bounden duty of the police authority to have acted upon the complaint filed by some of the petitioners. That being the prima facie observation of this Court, learned Government Pleader would seek for some further time to take appropriate instructions.”

With that, the court also directed the Government Pleader to place the stand of the state government over the entire incident in the form of an affidavit. As the Government Pleader sought time to place appropriate affidavit on record by the concerned department, the hearing has been posted for July 9.