Court’s no to demolition

Gujarat high court has directed the civic authorities to refrain from executing the demolition of the 18 hazardous buildings before the second technical survey by the experts of the CEPT for Environmental Planning and Technology is completed.

The division bench of Chief Justice D.M. Dharamadhikari and Justice P.B. Majmudar while hearing a public interest litigation, directed the Ahmedabad Municipal Corporation and Ahmedabad Urban Development Authority to refrain from demolishing the 18 identified hazardous structures till a second survey by expert team from CEPT.

Advocate Kiran Shah, the petitioner, said that the AMC and Auda had identified the buildings as hazardous after an arbitrary and random survey. These buildings were subsequently given demolition notice under Section 133 of the Criminal Procedure Code.

The petitioner said that by such a demolition, not only the occupiers will lose their properties but also lose claims to the insurance companies. The petition requested the court for a direction for a fresh inspection of these buildings by the expert team from CEPT and stay the execution of the notice.

The court said, "It would not be proper for us to issue a direction as would endanger the life of the passersby and adjoining apartment holders, however there is a justification in the request that let the authorities arrange second technical inspection of the buildings through the team of CEPT."

The petitioner had also demanded relief from the court in respect of the postponement of recovery of installments of loans raised by the apartment holders for purchasing their houses under various schemes.

The court also directed the government to provide alternative accommodation to the residents of these 18 buildings at the places which are in proximity to their place of work and education.

Meanwhile insurance companies, the Life Insurance Corporation, the General Insurance Corporation, the Oriental Insurance Corporation and the HDFC and National Housing Bank have also been made parties in the petition.

Republished from Asian Age