The Gujarat High Court on Friday, October 23, held that the change of stand by the Surat Municipal Corporation on providing alternative accommodation to residents whose homes were demolished in the Nasir Nagar area in June was, prima facie, criminal contempt. Justice Nikhil S. Kariel directed the Municipal Commissioner and the Chairman of the Corporation's Standing Committee to remain present before the court on the next date of hearing, November 27, to explain why proceedings under criminal contempt should not be taken out against them.

Source: Live Law

The petition was filed by a group of residents affected by the June demolition drive. The Corporation had earlier assured the court, through the Advocate General, the state's highest law officer, that alternative accommodation would be provided to the affected residents. It later changed its stand, with the two officers telling the court on Friday that the Corporation believed it had no policy under which persons like the petitioners could be provided assistance.

The court observed that 28 houses had been demolished by officers of the Municipal Corporation without any authority of law or following any procedure whatsoever, and noted allegations in the petition that officers had acted at the behest of private individuals. It said such a change of stand, taken during the course of the hearing after an assurance by the state's senior-most law officer, amounted to interfering with or obstructing the administration of justice and tended to scandalise or lower the authority of the court.

Rejecting the senior counsel's submission, based on Supreme Court judgments, that the officers' personal presence was not necessary, the court said the real reasons behind the change of stand were not coming forth through counsel, and described the situation as exceptional and extraordinary. After the order was dictated, counsel for the Corporation said they would seek a stay of the order. The matter has been listed on November 27.

Source: LawChakra