I face eviction from my Ahmedabad home without rehabilitation; is eviction legal?
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Below is a comprehensive legal analysis based on Indian law for your question.
The right to shelter is part of the right to life under Article 21, as held in Olga Tellis v. Bombay Municipal Corporation and Chameli Singh v. State of UP. Eviction without due process and a meaningful rehabilitation violates Article 21, especially for pavement dwellers and slum dwellers. File a writ petition under Article 226 in the Gujarat High Court challenging the eviction and seeking rehabilitation under the applicable scheme. The court will examine the notice, the hearing and the availability of alternative accommodation. Gujarat Rent Control Act 1999 on slum rehabilitation or land acquisition must comply with the Article 21 safeguards, and the state has a duty to provide alternative shelter. Preserve the eviction notice, the property documents and any representation filed in Ahmedabad, and the court can stay the eviction and direct the state to provide alternative accommodation before displacement.
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