Residents of Ahmedabad’s Chandola Lake call the demolition illegal and unjust, citing lack of notice. Gujarat High Court refuses to stay the drive, citing encroachment and national security.
AHMEDABAD: The Gujarat High Court has decided not to stop the large-scale demolition drive that began in the Chandola Lake area of Ahmedabad. This demolition is affecting more than 6,500 people, most of whom are Muslims. These people were also detained by the police on suspicion that they were undocumented Bangladeshi nationals.
A total of 18 residents from the Chandola Lake area had filed a petition in the Gujarat High Court. They claimed that the government had started demolishing their houses without giving them any prior notice. They said the demolition was “unreasonable, illegal and arbitrary.”
Despite this, the High Court refused to stop the demolition. Justice Mauna Bhatt said that the houses of the petitioners were built on the outer boundary of the lake, and as per Section 37 of the Land Revenue Code, the government has the power to remove such structures.
Advocate Anand Yagnik, who represented the residents, informed about the court’s observation.
The court clearly said that since the petitioners are “illegal encroachers,” it cannot provide them protection from demolition.
However, the court also mentioned that if any of the petitioners are eligible for benefits under the government’s rehabilitation and resettlement policies of 2010 and 2013, then they have the right to approach the Ahmedabad Municipal Corporation.
They can make a formal request to be considered under these policies.
The residents of Chandola Lake, many of whom have been living in the area since the 1970s after migrating from Uttar Pradesh, Bihar, and West Bengal, argued that the demolition was wrong because no legal notice was given to them before destroying their homes.
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They said that they had all the necessary documents such as ration cards, voter ID cards, and Aadhaar cards to prove they were Indian citizens. They also said that detaining their family members by calling them Bangladeshi nationals was illegal.
According to the petitioners, they were never given written notice about the demolition drive. Instead, they were only verbally told that their houses would be removed.
The petitioners argued that this action was against the law and the government should have provided them with alternative accommodation before starting the demolition.
They said the authorities created a “false and fraudulent narrative” that the residents were Bangladeshis, which led to some of their family members being detained.
In response, Government Pleader GH Virk said that issues related to public safety and national security are more important than procedural rules.
He stated,
“Matters concerning public safety and national security cannot be subordinated to procedural technicalities.”
He further added that the demolition drive was being carried out for the safety of the people of Gujarat and to protect national security.
Therefore, the authorities should not be stopped by rules of natural justice in such cases.
In his words,
“The drive was being taken for maintaining the safety and security of the people of the state at large and also to protect national security, and hence it cannot be hounded by principles of natural justice.”
The government also told the court that the demolition work was going on peacefully and most of the houses were already empty.
said the government counsel,
“The demolition was being carried out peacefully, with most structures already abandoned,”
In an affidavit submitted to the court, the Gujarat state government claimed that the Chandola Lake area had become a center for many illegal activities over the years. These include the sex trade, drug trafficking, fake document creation, and even providing shelter to extremist elements.
They highlighted a recent incident in which four Bangladeshi nationals linked to an Al-Qaeda module were arrested. The government believes that these people had some connection to the Chandola Lake area, which poses a serious threat to national security.
The government’s affidavit also said,
“No legal development permissions were ever granted for any construction inside Chandola Lake, a notified water body.”
This case shows the tension between human rights, the right to shelter, national security concerns, and the enforcement of land laws. While the residents claim their rights are being ignored, the state argues that security and legality must come first.
The High Court’s refusal to grant a stay on the demolition means the drive is likely to continue unless further legal relief is granted.
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