The Supreme Court has dismissed a petition challenging the demolition of a slum area in Chharanagar, Ahmedabad, meant for redevelopment. The Court allowed the petitioner to submit a fresh application to the concerned authority for reconsideration of a larger housing unit under the rehabilitation plan.

The matter was heard by Justices Surya Kant and N. Kotiswar Singh. Previously, the Court had asked the petitioner’s advocate, Sumitra Kumari Choudhary, to confirm if the slum dwellers would accept relocation. It also advised taking the alternative accommodation offered and assured that any extra rent burden would be addressed.

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Today, Choudhary told the bench that no explanation was given regarding the rejection of objections to the public notice. However, the Court noted that many families had already accepted rehabilitation.

“You allow this project to continue,” Justice Surya Kant told the petitioner’s counsel, noting that 508 beneficiaries had already shifted.

Government Pleader Gursharan H. Virk, appearing for the state, stated that 740 out of 741 families had accepted the scheme, and only one family opposed.

The petitioner raised concerns over the size of the new accommodation being offered — just 225 square feet as against their 2000 square feet space.

“How is it rehabilitation fit for human...?” Choudhary questioned.

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To this, Justice Kant replied:

“That, we can't satisfy everybody's claim.”

The Court ultimately ruled:

“We are not inclined to interfere with the ongoing project. The special leave petition is accordingly dismissed. However, it will not preclude the petitioners to submit a comprehensive representation to the competent authority for sympathetic reconsideration of the requirement of a larger area to be offered to them. It goes without saying, such representation shall be examined in accordance with the scheme of rehabilitation.”

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Background

The issue began when 49 slum residents of Chharanagar moved the Gujarat High Court against a notice dated January 29, 2025, directing them to vacate their homes within 30 days under the Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973.

They claimed the demolition on March 20, 2025, was illegal, as only a public notice was issued — not individual notices — and that the time to vacate was too short, violating their rights under the Act.

The state defended its action by citing health risks in the area and said the site had been declared a “Slum Area” in 2019. A private developer was assigned the project and objections were duly invited. After review, the authorities decided to declare the area as a “Slum Clearance Area.”

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A new notice was then pasted across the locality, giving residents a month to vacate. The state also pointed out that most people had already accepted the benefits under the rehabilitation policy and the petition was a delayed attempt to stall progress.

The High Court upheld the government’s decision, stating that the process followed the law and many residents were already living in rented houses, waiting for permanent homes.

“If petitioners are eligible slum-dwellers under the applicable policy, the said eligible persons will receive housing of good quality post redevelopment,” the High Court noted.

It added that the construction of new buildings was already underway and the 49 petitioners could not claim ignorance.

On expressing willingness to vacate, the High Court gave them 30 days to leave after filing an undertaking.

Case Title: Jadeja Bhanuben v. State of Gujarat, Diary No. 20660/2025