On October 9, 2025, the Gujarat High Court directed the maintenance of status-quo until October 16 regarding the proposed demolition of certain shops in Gandhinagar district, which the state authorities allege are encroaching on a public road.
Background
The petitioners, owners of the shops in question, received individual notices on October 6, instructing them to remove the alleged encroachments within two days. They contended that the notices were issued without providing adequate time to present their case and without adhering to the procedural requirements under the Gujarat Panchayat Act. The petitioners also argued that they had been operating their businesses at the location for many years and were unable to produce the necessary documents within the short notice period.
Court's Observations and Directions
Justice Mauna M. Bhatt, while not delving into the merits of the case, observed that the petitioners' primary grievance was the lack of procedural fairness and the insufficient time provided to respond. Acknowledging the breach of natural justice, the Court issued the following directions:
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The notice dated October 6 is to be treated as a show-cause notice, granting the petitioners seven days to produce documents supporting their claim of non-encroachment.
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The seven-day period will conclude on October 16.
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If the petitioners fail to justify their claim of non-encroachment, the authorities are permitted to take appropriate action in accordance with the law after October 16.
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The status-quo is to be maintained until October 16, ensuring that no demolition or further action is taken during this period.
Legal Context
The Court's decision underscores the importance of adhering to procedural fairness and providing adequate time for individuals to present their case, especially when their livelihood is at stake. By directing the authorities to follow due process and granting the petitioners an opportunity to substantiate their claims, the Court reinforced the principles of natural justice in administrative actions.
Case Title: Rathod Gaffarmiya Allauddin & Ors. v. State of Gujarat & Ors. (R/SCA/14056/2025)
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