Gujarat HC Questions GHB Over Surat Housing Eviction

Surat: The Gujarat High Court has issued show cause notices to the Gujarat Housing Board (GHB) and the Government of Gujarat in connection with the notice issued to the petitioner in Surat for vacating the house at Sachin-Kansad GHB housing colony in Surat on Thursday. 

Krishna Pandey, a resident of GHB colony in Sachin-Kansad in Surat filed a petition in the Gujarat High Court through his lawyer Zameer Shaikh. The petition had purchased the flat from GHB on September 26, 2023. After 45 days of the flat purchase, the GHB issued a notice to vacate the flat on the ground of its dilapidated condition on November 2, 2023. 

Advocate Zameer Shaikh, who appeared before the Gujarat High Court bench headed by justice Sangeeta Vishen said, “The GHB issued a notice to the flat owner after 45 days of purchasing the flat. The notice is issued under section 268 of the BPMC Act. Under the BPMC Act, only the municipal commissioner of Surat or whoever is having power delegated by the commissioner can issue the notice. Nothing is mentioned in the notice issued by the GHB that the municipal commissioner has delegated power to the GHB”

The notice issued to the petition mentioned that his flat is in the dilapidated condition and needs immediate repairs and thus needs to be vacated at war footing. 

“After issuing the notice on November 2, 2023, the GHB officials did not act. It was during the monsoon season, the GHB officials arrived at the spot and asked the petitioner to vacate the flat based on the notice issued in November 2023” said Shaikh. 

The Gujarat High Court has scheduled future hearing in the case on September 5, 2024.