Gujarat
,
Bodakdev
,
Ahmedabad
Published :
Jan 2017
|
Updated :
Ahmedabad Residents Protest Encroachment of Land Meant for Playground by Nirma Foundation
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
94547
People affected
2003
Year started
6
Land area affected
Households affected
94547
People Affected
2003
Year started
6
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Education
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Education
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

A 6,301 square metre plot of land in the Bodakdev area in Ahmedabad was allotted to the Nirma Education and Research Foundation by the Ahmedabad Urban Development Authority (AUDA) in July 2003. The allotted plot was to be used as a playground. The residents around the area say that the school has violated a condition of the AUDA that says no permanent structure should be built in the allotted land. They have accused the school of building a parking space for nearly 100 cars and constructing several concrete structures, including a ninefeet high wall around the periphery of the car parking to prevent people from entering in. The residents say that the plot was to be used as playground during school hours and as a public space rest of the time. They filed a PIL at the Gujarat high court but there was no response. In December 2016, former MLA Kanu Kalsariya joined agitators to protest the school's encroachment of the playground. On January 9, 2017, the residents organised a protest walk. Though the police refused permission, they walked around five kilometres from Nirma Vidyavihar to Ahmedabad International School to let people know about the encroachment. The issue remains unaddressed.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Opposition against contravention of AUDA guidelines

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):

Type of investment:

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 Urban Development Authority

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:

Nirma Vidyavihar

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Kanu Kalsaria

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 to retain/protect access to common land/resources

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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