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

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar*  Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman*  On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan*  (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee  Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat*  Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

Balod tech fest tests students’ interest in innovative ideas in the fields of science, engineering, start-ups

By Our Representative  A techno fest scheduled on December 20 and 21 in Balod district of Chhattisgarh will test the innovative ideas of school students in the fields of science, engineering and start-ups.  For this two-day fest organised at Maheswari Bhawan of the district, a total of 824 models made by students were initially registered. Out of those, a selection committee chose 200 models from several schools spread over five blocks of Balod. These will be on display on these two days from 10am to 4.30pm. Out of many ideas, one of the most interesting models is a smart glove which can be used by children with impairments and disabilities. For those who cannot speak at all or have speech difficulty, they can ask for help from caregivers by pressing their fingers on the glove after wearing it. This will attract attention. 

Local businessman subjected to physical assault, verbal abuse: Demand for accountability, justice

By Kirity Roy* On October 9, 2024, a disturbing incident of harassment and abuse took place in the Swarupnagar Block of North 24 Parganas district, involving a local businessman, Hasanur Gazi, who was subjected to physical assault, verbal abuse, and religious discrimination by a Border Security Force (BSF) constable. The incident, which occurred at the Hakimpur Checkpost, has raised serious concerns about the safety and dignity of citizens living in border areas, especially those belonging to religious minorities.

Affable but arrogant, embodying contradictions, Raj Kapoor's legacy will endure as long as Bollywood exists

By Harsh Thakor*  December 14 marks the birth centenary of Raj Kapoor, a filmmaker and visionary who revolutionized Bollywood, elevating it to new heights by exploring uncharted emotional and social territories. Kapoor wasn’t just a filmmaker; he was a storyteller who touched the souls of the masses and reflected the pulse of post-partition India with unparalleled depth. His films acted as a unifying force in a divided nation, transcending social and cultural boundaries.

Suspicious death of Dalit laborer in BSF custody: A call for justice

By Kirity Roy*  The tragic and suspicious death of Mr. Babai Barui, a Dalit daily wage laborer from North 24 Parganas, West Bengal, has raised serious concerns regarding custodial violence and the violation of fundamental rights. Mr. Barui, son of Sukharanjan Barui, resided in Pallishree Sangsad, Bongaon, and was arrested by the Border Security Force (BSF) on November 9, 2024, near the Angrail border on allegations of smuggling. The very next day, he was found dead under mysterious circumstances, with visible injuries that point toward possible custodial violence.