In June 2019, the Ahmedabad Municipal Corporation (AMC) passed a resolution proposing the inclusion of the BopalGhuma municipality, ChilodaNarod and Kathwada panchayats and parts of Sanathal, Visalpur, Aslai, Geratnagar, Bilasiya, Ranasan and Khodiyar villages into Ahmedabad city limits, inciting protests from residents of Kathwada village. Following the announcement, the Kathwada panchayat passed a resolution and submitted a written appeal to the Urban Development and Urban Housing Department in December that year, expressing their unwillingness to be part of the AMC. Nonetheless, in June 2020, the department issued a notification announcing the inclusion of all the proposed areas within AMC limits, including Kathwada village, and also carved out seats for the purpose of AMC elections. The notification added 39 square kilometres to Ahmedabad city, increasing its total area to 505 square kilometres. The Kathwada panchayat filed a petition before the High Court of Gujarat challenging the notification. The case is pending. The residents of Kathwada have opposed the merger on four counts: first, they do not see any merit in the inclusion. According to reported statements of the villagers, they are able to effectively govern themselves with the grants they receive from both the tehsil and district authorities. The village is fairly developed with wellmaintained roads and 24hour electricity supply. Inclusion within the AMC, they suspect, will substantially increase the property tax and processing fees for various amenities without proportionally increasing the benefits. The residents highlighted the situation of villages like Vejalpur, Jodhpur, Ghandlodia, Gota, Tragad, Hebatpur and Chharodi, which were included in the city limits in 2007 but till date, the AMC is struggling to complete water and sewerage projects in these areas. Second, the residents fear losing their livelihood. At least 5,000 farmers in Kathwada depend on agriculture. They fear that inclusion within the city limits will result in the takeover of grazing and common land by the real estate developers. Third, the residents claim they were not consulted before the decision of the merger was passed. Fourth, according to the people, the panchayats are more accessible and effective in resolving issues relating to civic amenities and infrastructure of the village. The panchayat office is located within the village and the officials know the local population. On the contrary, the office of the AMC is miles away from Kathwada and the residents believe the corporation will take longer to resolve their issues as the village has limited representation in the AMC. Amul Bhatt, former chairperson of the AMC standing committee, has justified the move, stating that some of the areas proposed for the merger have poor drainage system and water supply and need better roads, water connection and stormwater drainage. According to him, once under the AMC, these areas will get AMCrun gardens, gymnasiums, sports complexes, swimming pools, healthcare centres and doortodoor garbage disposal facilities. Meanwhile, the leader of opposition in the AMC, Dinesh Sharma, has called this move a political gimmick to benefit the builders lobby while also increasing the revenue for the AMC without incurring costs. In 2021, Hitesh Barot, the current AMC standing committee chairperson, outlined projects worth INR 2,052 that will be delivered by the end of the current financial year. A major thrust is said to be on the newly included areas of BopalGhuma and Kathwada. However, the proposed plan and the quantum of fund allocated to Kathwada is yet to be made public.
Demand/Contention of the Affected Community
Complaint against procedural violations
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
Demand for withdawal of the government notification that includes the seven villages within the city limits.
Region Classification
Rural
Type of Land
Both
Non-Forest (Other than Grazing Land), Non-Forest (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?
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):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Constitutional Law, Other
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of free prior informed consent
Use of old/outdated laws
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Gujarat
Case Number
SCA No. 8372 of 2020
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Ahmedabad Municipal Corporation, Kathwada panchayat
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
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:
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?
Rejitha is a freelance consultant and Master Trainer for Paralegals. She is presently writing her doctoral thesis at NALSAR University of Law, Hyderabad. Before starting out on her own, she worked for over six years as an Assistant Professor, teaching Human Rights and Legal Theory at Nirma University, Ahmedabad. A firm believer in education for justice, she devotes most of her time in developing courses and training modules to better understand social power and power structures.
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