Gujarat High Court Orders Status-Quo On Proposed Demolition Of Shops Allegedly Encroaching On Public Road

The Gujarat High Court on Thursday (October 09) ordered status-quo till October 16 on the proposed demolition of certain shops in Gandhinagar district, claimed to be encroaching on a public road by the state authorities. 

The court further granted seven days' time (ending on October 16) to the shop-keepers to produce documents to support their claim and if they are unable to do so, the authorities can take appropriate action after October 16.

After hearing the contentions, Justice Mauna M Bhatt in her order dictated:

"It is noticed that the petitioners have been issued individual notices directing them to remove encroachment within 2 days...time has also been provided to produce necessary documents in support of their right of property, if they have...Further as submitted by AGP, so far as other encroachment on the public road has already been demolished and only the petitioners' shops have not been taken for demolition considering the pendency of the petition.The notice also refers to the road, maintained by Road & Building (R&B) department". 

The court, "without going into the merits of the matter", further said:

"However noticing that the petitioners' sole grievance is with regard to procedure not being followed, and in view of breach of natural justice by not providing sufficient time, following directions are issued:

1. The notice dated October 6 is directed to be treated as a show cause notice granting seven days time to the petitioner to produce documents in support of their claim, if any they have.

2. The seven days time would end on October 16.

3. Noticing that the allegation of the respondent is encroachment on public road and the petitioner fails in not justifying non-encroachment, it is open for respondent to pass appropriate action in accordance with law after October 16. 

Considering the facts and circumstances of this case since seven days time has been granted to the petitioner, the parties are directed to maintain status-quo till October 16".

The petitioners' counsel argued that notices issued to individual petitioners on October 6 are bad in law since under the said notice the petitioners were given only two days time to remove encroachment. He also submitted that no opportunity was provided to petitioner to justify their case. Further the petitioners are in occupation of the said premises since many years and are doing their business but due to paucity of time they were unable to produce the documents called for by the respondent.

He referred to Section 105(2) second proviso of Gujarat Panchayat Act, and said that the section for removal of obstruction on public site refers to some procedure to be followed, which has not been followed in the present case. 

He said that there happened some communal incident during Navratri this year in the area where the petitioners' shops are situated and "this is a case of kind of a punishment to the petitioners". 

The counsel appearing for the State submitted that the notices were earlier issued to the petitioners and seven days time was provided to remove encroachment. From the tenure of the notices it is evident that the road in question comes under Road & Buildings department and provisions of the Gujarat Panchayat Act may not be applicable, it was argued. 

Further notice refers to encroachment to be removed and under the said notice personal hearing was provided to petitioner to produce documents to support their claim; they failed in producing the documents, State submitted. 

No documents have been produced in the petition and therefore action taken proposing demolition of encroachment being appropriate no interference of the court is required, he said. He further said that the encroachment needs to be removed as expeditiously as possible because it is creating difficulties in movement of traffic. 

Case title: RATHOD GAFFARMIYA ALLAUDDIN & ORS. v/s STATE OF GUJARAT & ORS.

R/SCA/14056/2025