Gujarat
,
Ahmedabad
,
Ahmedabad
Published :
May 2020
|
Updated :
45 Slum Families Served Eviction Notice Ahead of Trump's Visit to Gujarat
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
216
People affected
2020
Year started
Land area affected
Households affected
216
People Affected
2020
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In midFebruary 2020, the Ahmedabad Municipal Corporation (AMC) served eviction notices to 45 families living in a slum, located 1.5 kilometres away from the Motera Stadium, where Prime Minister Narendra Modi would host US President Donald Trump on February 24. The AMC ordered for a wall to be constructed in the area, apparently to hide the poverty in sight. The eviction notice claimed that the slum dwellers had encroached upon land belonging to the AMC. LCW tried to get in touch with the AMC for comments, but the latter did not respond. Earlier, on January 23, the AMC demolished around 24 huts in the settlement without prior intimation when the slum dwellers were out for work. Slum dwellers are usually landless labourers who settle on common land owned by the government. Therefore, anyone who lives on common land is considered an encroacher by the state. These people may claim traditional rights over the land by virtue of having lived on that land for many years, but they do not have any legal right over it and are, therefore, at the mercy of the state, which can evict them at any time on the pretext of encroachment. Shailesh Bilwa, a slum dweller, told a news agency that they have been living in these slums for over a decade now and have never been served with an eviction notice before, questioning why the notice was served just before the official visit of a dignitary. According to media reports, officials have denied any connection between Trumps visit and the eviction. Municipal Commissioner Vijay Nehra told a news daily that no slum was being evicted ahead of the Namaste Trump event in the city. There are no plans of any forceful eviction in the near future. There are no plans to evict any slum dwellers near the event venue or the route which the dignitaries will take. The AMC has an Estate department that is responsible for preventing any settlements on public land. Meena Jadav, general secretary of Majoor Adhikar Manch, a trade union that works for the welfare of daily wage labourers, had approached the AMC to request it to take up the cause of the slum dwellers, but the corporation still went ahead with the eviction. We are ready to vacate, but we need an alternative accommodation, otherwise we will be forced to live on pavements. We live here with our families. We pray to the government to provide us with an alternative plot where we can live, Bilwa said when he was served the eviction notice. In February 2020, the AMC stopped the eviction proceeding owing to the slum dwellers, as Scheduled Tribes, being entitled to special protection under JICA social guidelines.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

40

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Ahmedabad Municipal Corporation

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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