The move, which comes after an order of the Gujarat High Court directing the civic body to immediately pay compensation to Kanji Mokaria, a landlord, has landed the VMC. The court’s order is set to set a precedent in at least 15 other similar cases pending in the HC against the VMC related to the city-wide road demolition carried out in 2017. VMC, the total compensation amount is estimated to be around Rs.800. -1000. Crore, is now looking at the “case by case” solution to the problem.
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In the case of Faramji Road, where the Alkapuri end of Vadodara railway station opens, the civic body had proposed to widen the 15-metre road by 30 meters and had acquired at least three plots for it. On 10 March, the Standing Committee considered an urgent motion to “reject the claim” of Mokaria, based on whose writ petition, the High Court in an order on 15 February gave the VMC two weeks to pay the compensation. given time. Time was given. or reject the claim.
Fatehpura Junction, which was also widened as part of the VMC campaign carried out in 2017. (Bhupendra Rana)
The HC order, which was obtained by the VMC on March 2, states, “The petitioner is seeking restoration of possession of the wall, which was breached by the responding authority in alleged contravention of the law. Limitation of the land used.” What is there? What is left is all the disputed questions which cannot go within the jurisdiction of the writ… Instruct the responding authority to expeditiously pass the appropriate order at any rate within an external period of two weeks from the date of the order. within the limits … In the event of a decision taken by the VMC to dismiss the claim of the petitioner, the petitioner shall be entitled to challenge the same in a manner known to law.”
According to senior VMC officials, rejecting any claim would mean that the civic body would eventually have to hand over the possession of the acquired land back to the owners. The VMC, in its proposal, has calculated compensation of Rs 16.76 crore to Mokaria for a plot of 2,019.64 square metres. “There are 15 other petitions pending in HC regarding road widening compensation and this order will set a precedent. The VMC cannot pay the compensation and it is best to return the land to ease the process. Therefore, we have decided to return the other two lands as well, each of which has been given a compensation of around Rs 50 crore and Rs 20 crore each.
Mokaria’s partner Magan Roopvel told this newspaper that his property was demolished “overnight” by the VMC to snatch the land. “The 30 meter road was earmarked from 1977 as part of future planning… In 2009, we had met the then VMC commissioner and expressed our desire to hand over the land, provided Faramji Lane to RC Dutt. Must be a perfect circular road. Road. Officers Colony was widened proportionately… Faramji lane is 200 meters and eventually faces a bottleneck as the other two lanes are narrower than 18 meters. Not serving the purpose But VMC widened Faramji Lane by breaking down our campus wall overnight in 2017. This is when we rejected their offer of transferable FSI as it was provided by the state government policy. We had demanded an alternate VMC plot in the city limits or direct compensation.”
The acquisition of Faramji Lane also includes a 6,000-square-foot historic white bungalow owned by businessman Nikitin Contractor, the grandson of Faramji Contractor, after whom the lane is named. The VMC, on which the contractor owes about Rs 4 crore, has not been given a single penny so far. He was taken aback by the civic body’s decision to return the land by returning the previous width of the 15-metre wide street.
talking to Indian ExpressThe contractor said, “They took my approximately 6,000 square feet of land, which included the garden and the campus wall… We have rebuilt the campus wall and I would be most happy to take the land back as they gave me the land for it. On the other hand, the Railways, which had taken our land for the construction of Platform 6 of Vadodara Railway Station, gave us the exact compensation promised, which was twice the value of the land in the revenue records… Now, if VMC continues to plan have to give me the land back, i have people who are willing to help me build the garden again… i would also value the demolition and rebuilding of my compound wall. but i am due to damage I will decide to demand compensation for the loss caused. Compensation amount in these five years apart from mental agony.”
Across the road from Faramji Gali to Sayajiganj, 68-year-old Bharatsinh Chauhan mourned the loss when his 78-square-foot corner shop in the Naulakha complex was demolished during a drive. All that was left was a space of 2 feet from where Chauhan, who runs a shoe shop, now sells pouches of water to prop up himself. Chouhan said, “My wife passed away shortly after as we were in financial trouble. I spent my days running from office to office in VMC, pleading with the officials and the elected wing to provide me with some compensation or an alternative place to earn a living… but nothing happened. I have also petitioned VMC to provide me at least one shop under Pradhan Mantri Awas Yojana as I was the legal owner of the shop which was demolished…I did not hear from the authorities.
Bharatsinh Chauhan whose 78 square feet corner shop in Naulakha complex was demolished during the campaign. (Bhupendra Rana)
Chouhan says he has heard about the VMC’s decision to return the land to the owners across the road, but is not sure if he will be supported as well. He said, ‘I am a poor man who has no means to file a petition in the court. I don’t know if they will return my shop to me but this gives me some hope that I can try again. ,
Mass Drive in 2017
In 2017, in an aggressive drive to widen roads as part of the Smart City project, the VMC had launched massive demolition drives in several parts of the city to acquire land from individual owners. The drive covers wide roads – about 15 km in total – including Faramji Lane, Nagarwada to Gangotri Junction road, a portion of the road from Jubileebagh to Adniyapul and the road from Adniyapul to Thekarnath, Panigate to Gajrawadi. The road leading to the compound wall of a Gaekwadi temple with Kashivisheshwara temple near Gangotri junction.
VMC officials said they did not have the exact figure of the land acquired as several owners were served demolition notices for “encroachment” in the walled city. Those who were eligible for compensation were offered Floor Space Index (FSI) instead of monetary compensation. “Most people refused FSI because the part of their plots that were left behind after demolition was not sufficient to use FSI for construction… Initially monetary compensation was promised, but when Realizing that this would not be a viable option, the owners were offered the option of housing with transferable development rights, but no decision has been taken as transferable development rights (TDRs) are not yet applicable here….
Jagdish Rathod, a 50-year-old sweet shop owner, lost his entire residential space on the first floor of the 50-year-old structure during an operation in Fatehpura and is yet to receive any compensation. “As per the old property arrangement, the ground floor belonged to the second family and we lived on the first floor. When the demolition happened there was no way to save what was left… it was our only residence and then my son had to buy another property on loan. We have tried alternative rehabilitation from VMC instead of compensation, but there has been no response,” Rathod said.
Jagdish Rathod is waiting for compensation from VMC. (Bhupendra Rana)
Officials said the civic body is bound by the existing town planning rules in the state that do not allow VMCs to offer TDR for rehabilitation of owners of dense areas that see demolition. Roads in the old city area that were demolished in 2017 come under City Kasba, where town planning plans cannot be implemented due to existing regulations. However, as per the provisions of the Gujarat Provincial Municipal Corporation Act, 1949 (GPMC), the civic body can implement a new road line through acquisition. Section 77 of the GPMC Act provides for the commissioner of the municipal body to acquire the property by disposal. The section states, “Whenever it is provided by this Act that the Commissioner shall acquire any immovable property, such property shall be made by the Commissioner on behalf of the Corporation on such conditions and at such rates or prices or rates, which may be agreed upon by the Commissioner.” can be achieved. The prices should not exceed such ceiling as may be approved by the Standing Committee…”
This section further states that the Commissioner on behalf of the Corporation must “acquire by agreement any easement affecting any immovable property vested in the Corporation”.
Section 78 of the Act further says, “Whenever the Commissioner is unable to obtain by agreement, any immovable property or any facility affecting any immovable property vested in the Corporation … on application, with the approval of the Standing Committee … such property or easement within the meaning of the Land Acquisition Act, 1984, was acquired on behalf of the Corporation, land necessary for a public purpose.”
Vadodara Standing Committee Chairman Hitendra Patel told this newspaper that the VMC is probing cases where compensation has not been paid. “All the cases are from the year 2017 when the VMC was run by a separate board of elected representatives… Now that this issue has come up, we will look at it on a case-by-case basis… These issues came up during this period. .Land. Let’s acquire and we will try to find a solution as the roads have already been constructed. It may not even be possible to return all the land…” Patel said.
Mayor Keyur Rokadia said the decision to return three lands on Faramji Lane was a “practical decision” to save the civic body the “cost of compensation”. “At the time the land was acquired to widen Faramji Lane to 30 metres, the proposed Ahmedabad-Mumbai bullet train project was to pass through Faramji Lane… VMC has expanded it to 30 meters as part of future plans. The widening was decided and we were expecting compensation from the Railways for the National High-Speed Rail Corridor project… Later, the bullet train’s alignment changed and the route did not pass through Faramji Lane… to the revenue rate. To double down, the most practical option is to return the land as the original 15-metre wide road would serve the purpose of traffic movement anyway, with the bullet train changing its route,” Rocadia said.
Rokadia said the VMC is examining the implications of the HC order in 15 pending compensation cases. “The date of extension is of 2017… we will have to personally study the matters whether the issue was that compensation was not paid and whether proposals for the same were sent to the Standing Committee and the General Board at that time and if the acquisition Find a practical solution to the problem. Where we need to keep the acquired land, we will do so and where we feel it should be returned, we will return and demand compensation. The cost will be avoided.”