Skip to main content

Gujarat HC rules in favour of communal harmony park 'razed' in Ahmedabad

Counterview Desk
The Gujarat High Court has ruled against the Ahmedabad Municipal Corporation (AMC) demolition of the communal harmony park on June 21, 2021, established by the city-based NGO Society for Promoting Rationality (SPRAT) way back in 2004. 
Claimed to have been established to “demolish” the communal borders between Ahmedabad’s minority-dominated Juhapura area and an “exclusively” majority area, Vejalpur, the HC judgement delivered by Justice Biren Vaishnav states that AMC’s actions was “unfair and unwarranted.”
Praising SPRAT work, the court asked AMC to consider reallotting the park to SPRAT under public private partnership (PPP). Ordering the AMC to pay a token cost of Rs. 25,000 to SPRAT, the court observed that SPRAT is entitled to approach the appropriate court to claim proper compensation from AMC for damages it caused to SPRAT’s large-scale structures, says an NGO note.

Text:

Way back in 2004, the NGO, SPRAT, set about demolishing the communal borders between Ahmedabad’s Juhapura and Vejalpur, on a muddy 50x50 Meter plot of land allotted by Ahmedabad Urban Development Authority (AUDA). It built a unique multipurpose Park that connected Ashok’s and Lata’s with Akbar’s and Fatima’s of the vicinity through adventure games, popular science, a variety of educational, cultural and livelihood services -- 1.5 million times! All for free!
The Multipurpose Park, aptly named MUSKAAN, combined science appreciation, adventure games, educational and cultural competitions and exhibitions, besides being the largest patch of greenery - and the only place of recreation for nearly 5 lakh people - in around five sq km area.
From elderly healthcare and free medical check-up to yoga training, livelihood and life skills, and special bus service… several initiatives forever changed the Park’s surroundings.
But all that came to a brutal halt on June 4, 2021. AMC bulldozed the Park: SPRATians labour of years of love reduced to dust in a few hours.
Without any valid reason, AMC officials, 13 years later, suddenly sought eviction although AUDA’s former chairman and six AMC councilors praised and recommended its long-term regularization. And while one wing was considering PPP, the other sealed the park and later bulldozed it without any notice. SPRAT was even denied the five weeks’ time it sought, to move its multimillion-rupee assets to its upcoming House of Reason [(Tarkik Sadan) at Matar.
And this despite that AMC’s former Commissioner, Vijay Nehra, had himself praised SPRAT’s work and wanted it to expand its science promotion activities at the River Front.
While some sections of media called this injustice out, others joined the naysayers and rumour-mongers to malign SPRAT as land grabber, despite the fact that SPRAT itself had actually declined two more plots of land AMC’s Mayor Asit Vora had offered.
Demolition by AMC authorities
SPRAT filed a writ of Petition on July 31, 2021 at Gujarat High Court vide Registration No: SCA/13299/2021. This was first heard by Justice Ashutosh Shastri and later by Justice Biren Vaishnav. The Court saw merit in the case and expedited its hearing, argued by SPRAT’s President, Hasan Jowher, as Party in Person. The case was decided in a record 19 weeks.
In the judgement delivered this morning, the Court of Hon Justice Biren Vaishnav held AMC’s actions as unfair and unwarranted. Praising the work of SPRAT, the Court urged AMC to consider reallotting the park to SPRAT under PPP. Ordering the AMC to pay a token cost of Rs. 25,000 to SPRAT, the court observed that SPRAT is entitled to approach the appropriate court to claim proper compensation from AMC for damages it caused to SPRAT’s large-scale structures.
Hailing the judgement, Jowher urged the Government of Gujarat and the AMC to act statesmanlike, and to use SPRAT’s dedicated social services to promote rationality and to popularize science right across the state. The video steaming link of this judgement is given here.

Comments

Jowher said…
Thank you Counterview for sensitizing your readers to the plight of social workers in Gujarat.

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Beyond the rhetoric: Gujarat’s 2047 promise and its hidden faultlines

By Rajiv Shah    A few days ago, I met a veteran Gujarat-based economist, the author of several books offering a critical evaluation of the state’s economy, poverty, and gender discrimination . Also present was a retired Gujarat-cadre bureaucrat with an economics background, known for his popularity in the cities and districts where he served during his heyday.

Is India emulating west, 'using' anti-terror plank to justify state-supported violence?

Fahad Ahmad, Baljit Nagra*  Prime Minister Justin Trudeau has accused India of being involved in the assassination of Hardeep Singh Nijjar, a Canadian Sikh leader, on Canadian soil. Narendra Modi’s right-wing Hindu nationalist Indian government is defiant and denies involvement. Indian officials have instead admonished Canada for being a “ safe haven ” for Sikh “terrorism,” a pejorative for Sikh self-determination .

NHRC seeks action report on contaminated water outbreak in Ahmedabad

By A Representative   The National Human Rights Commission (NHRC) in New Delhi has issued notices to the Secretary of the Water Supply Department in Gandhinagar , the Ahmedabad District Collector and the Municipal Commissioner of Ahmedabad, seeking an action-taken report within four weeks on allegations of human rights violations arising from a major outbreak of waterborne diseases in Behrampura , Danilimda ward of Ahmedabad city.