IN THE HIGH COURT OF GUARAT AT AHMEDABAD

District: Ahmedabad

Special Civil Application No.____ of 2024

In the matter of Articles 14, 21 and 226 of

The Constitution of India
And
In the matter of The Land Acquisition Act
And The Limitation Act

Aataji Thakor,
(Representative of Thakor Vas Community)
Thakor Vas, Nr. Sports Swarnim Sankul,
Shashtrinagar, Narayanpura,
Ahmedabad- 380013…..……………………………………………….Petitioner

Versus

1. State of Gujarat
2. Municipal Commissioner
(Ahmedabad Municipal Commission)
Mahanagar Seva Sadan,
Sardar Patel Bhavan, Danapith,
Ahmedabad- 380001 ……………………………………….....Respondent

To,
Hon’ble Chief Justice
And other Hon’ble Judges of
The High Court of Gujarat
At Ahmedadbad

The humble petition of the

Petitioner above named
MOST RESPECTFULLY SHEWETH:-
1. That the Petitioner is the Representative of Thakor Vas community, is the citizen of
India and is residing at the address mentioned in the cause title of the present Special
Civil Application and is entitled for the Fundamental and other rights guaranteed
under the Constitution of India.

2. That by the way of the present petition, the Petitioner being aggrieved by adamant
decision of the Government of Gujarat seeking the relief not to demolish their huts.

3. That the facts, in brief, leading to the present Special Civil Application, are as under:
 FACTS
1. That the Thakor Vas which comprises of, 300 persons of Thakor community residing
in 50 Kachcha Houses from last 30 years without any interferences, near Swarnim
Sports Sankul, Shashtrinagar, Narayanpura, Ahmedabad.

2. That the probabilities of Olympic Games being conducted in India in 2036,

Ahmedabad being one of the host, Municipal Corporation under the order of Ministry
of Youth Affairs and Sports have decided to expand Swarnim Sports Sankul to
accommodate more spectators and expand its facilities.

3. That due to above mentioned, Government of Gujarat has issued a notice to

residentsof Thakor Vas, that the residents of surrounding area about 50 huts should
evict the place in 7 days from the date of issuance of notice. The failure in following
to do so will result in demolition.

4. That the Petitioner met the concerned officer of Government, Mr. Shrivastava and
requested him by giving the representation to withdraw the notice and to not demolish
the huts. The officer, Mr. Shrivastava, refused to do the same and prescribed them to
vacate the house.

5. That the Petitioner is, therefore, obliged to prefer the present Special Civil
Application to this Hon’ble High Court.

GROUNDS
1. Because the Article 21 which protects and provides ‘Right to Life’ which
encompasses the right to a means of support and that if the government forced out the
Thakor community of Thakor Vas to evict the land, it will deprive all the community
members of their right to life and therefore is it unconstitutional.

2. Because under Article 14 which protects and provides ‘Right to Equality’ which states
that a person cannot be denied treatment of equality before the law, so by seizing their
equal protection under law and treating them unequally is a violation of their rights.

3. Because the community members are from labor class who are earning by doing
miscellaneous works in the surrounding area and by displacing them they will lose
their means of livelihood which is again a violation of Article 21.

4. Because the law is well settled by landmark jugdments such as Olga Tellis & Ors v.
Bombay Municipal Corporation & Ors(1985, 3 SCC 545), Sudama Singh v. Govt. of
Delhi (2010), Ajay Maken & Ors. V Union of India & Ors. (2019 SCC Online Del
7618) delivered by the Constitutional Courts in India, which are all to the conclusion
that
 a) The right to housing is a part and parcel of the fundamental right to life under
Article 21 of the Constitution of India and
b) In the event of eviction, they are to be rehabilitated.

5. Because the suggestion of alternative accommodation is not fulfilling the ingredients

of the right to adequate housing which states that, the house is not limited to roof and
four walls. Housing has to be understood in broader aspect,, taking into account, for
example, cultural aspects of the place where it is located and of the community living
therein. Under the suggestion of alternative accommodation they have also failed to
state which type of accommodation will be granted i. e on rental basis, on half
payment, whether it will be a permanent solution or an emergency setup.

6. Because the period and timeline of the notices served are not specified in the facts and
according to Section 77 and 78 of Gujarat Provincial Municipal Corporations Act,
1949 where it grants compensation, but here the respondents have failed to mention,
hereby not fulfilling the procedure stated. This is also a breach of Article 14 where
they are not treated equally in the eye of law.

7. Because the government is aware of the community residing there claiming the
possession for the last 30yrs but they have not left a mark within the limitation period
which has denied them the title of being the rightful owner.

8. That the Petitioner has not instituted any other petition or application in this Hon’ble
Court or in the Hon’ble The Supreme Court of India or in any other High Court or
Court with regard to the subject matter of this Special Civil Application.

9. That the Petitioner has not got any other better, efficacious or expedient remedy to
save to approach Your Lordships within this Petition.

10. That the Petitioner has got prima facie good case in its favour and it has got fairly
good chances of success in this Special Civil Application,, and, if the interim relief as
prayed for herein, will not be issued, the Petitioner will suffer irreparable injury and
substantial loss and illegality will be perpetrated.

11. That the Petitioner, therefore, humbly prays that:-

a) A writ of mandamus or any other appropriate writ, ordering or directing to restrain
the responsible authorities to demolish the houses of the petitioner.
b) Any other and/or further orders that may be deemed necessary in the interest of
justice may kindly be passed.
c) Cost of the present petition may kindly be awarded to the Petitioner from the
Respondents.
And, for this act of kindness, the Petitioner, as in duty- bound, shall, forever, pray.
Ahmedabad _____________________
Date: xx-xx-20x Advocate for the Petitioner
 AFFIDAVIT
I, Aatai Thakor, Petitioner herein, do hereby take oath and say that I have been read over and
explained the memo of this Special Civil Application and I say that the facts stated in
paragraphs 1 to 5 herein above are true to my knowledge and the facts stated in paragraphs 6
to 10 are true to my information and I believe the same to be true.
Place:
Date: xx-xx-20xx ___________________
DEPONENT