During the hearing on Monday, the counsel for AMC submitted that they would furnish details about the whole issue during the next hearing.
A division bench of Gujarat high court consisting chief justice KS Radhakrishnan and justice Akil Kureshi has allowed eight residents to join as respondents in the hearing of a PIL filed against the fortification of the lake as well as heavy levy of entry fee done by AMC. The citizens had filed a civil application to join as parties in the PIL filed by one Kirti Bhatt last week.
The citizens, through their counsel Anand Yagnik and Shalin Mehta, submitted that charging of entry fee at Kankaria "is violation of the doctrine of public trust". The fortification of Kankaria lake and charging of entry fee is direct violation of Article 15, 19 and 21 of the Constitution and therefore unconstitutional. It is also in violation of the relevant provisions of Bombay Provincial Municipal Corporation Act and therefore illegal," stated the application by citizens, who have been residing near Kankaria for years.
The application went on to say: "Fortification and charging of entry fee is violation of doctrine of public trust as Kankaria lake is a community and public resource where the state and the AMC are their trustees and the people of Ahmedabad city and state of Gujarat are beneficiaries. The right of the citizens over Kankaria lake cannot be taken away by the state and the AMC or restricted. People are owner of such resource and use and access to such resource cannot be restricted or conditioned in a manner that deprives people and the community of their own resource."
The eight citizens, who include three students, submitted in the application: "The development of Kankaria lake front, fortification of the lake and charging of entry fee has affected them the most as the fortification has deprived them of their natural and fundamental right of movement, access to a historical monument, a lake and water body, a place with cultural heritage and, most importantly, the place of amusement and enjoyment."
During the hearing on Monday, the counsel for AMC submitted that they would furnish details about the whole issue during the next hearing.
On Saturday last, the municipal commissioner and police commissioner had taken a round of Kankaria lakefront project to take stock of the situation in the wake of the PIL filed in the High Court.
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