Ban excludes reconstruction of collapsed buildings, clarifies HC

The Gujarat High Court has clarified that its earlier order banning construction of buildings near water bodies will not restrain Ahmedabad Municipal Corporation (AMC) and Ahmedabad Urban Development Authority (AUDA) in permitting reconstruction of quake-affected buildings, according to the by-laws, at the place where they used to exist.

This was clarified by a division bench comprising then acting Chief Justice B C Patel and Justice D A Mehta in a petition seeking modification in the original order issued by the High Court on May 24, 2001.

The petition for modification was filed by Shailesh Shah, a resident of Rachna Maninagar Co-operative Housing Society Ltd in Isanpur. A division bench comprising Justice B C Patel and Justice D A Mehta had on May 24, 2001 directed the State Government, municipal corporations, urban development authorities and other local self governments to ensure that all water bodies are maintained and prevented from getting polluted. The order also prohibited construction within 500 metres of a water body which is less than 5,000 sq mt in size and within 1 km of a water body above 5,000 sq mt in size.

Appearing on behalf of AMC, R M Chhaya submitted that at this juncture, the Corporation is interested in protecting the interest of people whose buildings have suffered damaged, collapsed or were demolished due to the earthquake and need to be reconstructed as per the plans.

He submitted that as the buildings were in existence prior to the earthquake, permission should be granted to reconstruct it at the same spot in accordance with the buidling regulations and by-laws provided under the Bombay Provincial Muncipal Corporations Act, 1949.

On this opinion, the division bench observed that as the buildings were already in existence, the affected persons need to be permitted to reconstruct quake-affected buildings. But clarified that reconstruction should be done in accordance with the building by-laws. It clarified that the earlier order will not restrain AMC and AUDA in providing permissions for reconstruction of such buildings.

At the same time, the court expressed its displeasure at the fact the State Government was yet to submit a report on the status of lakes, ponds, rivers and other water bodies as stated in the earlier order. It observed that the court had to issue directions to maintain water bodies as the State Government, urban development authorities, municipal corporations and local authorities had failed in discharging their duties to maintian the same. Further hearing of the case has been scheduled for March 22.

Republished from Indian Express