'High-Handed Action By Officer': Gujarat High Court Directs Status Quo On Demolition Without Measurement Of Land

The Gujarat High Court on Monday (January 5) directed status quo over action of removal of alleged encroachment in Palanpur, observing that the Taluka Development Officer had acted in a high-handed manner when the area in question had not been measured and the petitioners were in possession of allotment document. 

The court also observed that the officer had placed reliance on a December 23, 2025 passed by the high court in another petition alleging encroachment on gauchar (grazing) land. 

Justice Mauna M Bhatt was hearing a petition challenging notices individually issued to the respective petitioners in December 2025 alleging illegal encroachment in gamtal land. He said that the notices were issued to remove sanitary facilities which were  constructed upon the scheme of the Central and State governments.

For context, Gamtal land is designated for residential and related community development within a village. 

Counsel for petitioners submitted that petitioners are land owners by way of Sanad (document granting rights). In support of his submissions he relied on documents to justify that under said Sanad land was given to the petitioners. He claimed that the allegation that the construction alleged to be carried out in gamtal land is erroneous. The construction was carried out on land given to petitioners by way of Sanad and what is intended to be demolished is sanitation facility which petitioners had constructed pursuant to grant of government. 

He said that by taking recourse of the high court's order dated 23-12-2025 in a separate petition (SCA17077/2025), the action of removal of encroachment has been initiated without there being any measurement by District Inspector of Land Records (DILR) authority. He said that at the most the DILR authority maybe requested to do measurement and upon measurement if encroachment is found then it is open for the respondent gram panchayat to remove encroachment it if it is found in Gauchar land which is not the case here. 

Counsel appearing for the Taluka Development Officer, Palanpur submitted that pursuant to direction of this court dated 23-12-2025 in SCA17077/2025, the action has been initiated. He submitted that pursuant to the high court's direction a survey has been conducted as directed by gram panchayat and thereafter removal of encroachment was initiated.  

In the order dated 23-12-2025 the court was hearing a plea alleging inaction on the part of District Development Officer, Palanpur, Banaskantha that despite having brought to their knowledge about illegal encroachment caused by some of the persons of village Gadalvada, no action is taken till date. The court had in its December order directed the DDO to take action in accordance with law, after making verification of alleged encroachment. 

Perusing the December order the court said that the direction therein referred to encroachment on gauchar land. It thereafter said:

"Moreover the issue in SCA 17077/2025 was with regard to allegation of encroachment on gauchar land. In the above context the allegations were issued to remove encroachment from gauchar land. However it is noticed that the Taluka Development Officer without there being any measurement and without there being any authenticated document to justify that the construction alleged in the notice of December 2025 is in gauchar land has taken action. This court is of the opinion that such high handed action on part of TDO taking recourse of order dated 23-12-2025 in SCA 17077/2025 is unexpected of. The order dated 23-12-2025 in SCA 17077/2025 was passed on the allegation of encroachment on gauchar land and for that action in accordance with law has been directed.  Without measurement action cannot be stated to be in accordance with law, when document of Sanad allotting area of land available in favour of petitioners. Considering the same respondents are directed to maintain status quo till the next date of hearing".

The court also directed the authorities to file to affidavit justifying its actions and if any measurement was taken. 

Case title: BABUBHAI MAGANBHAI DHANAK & ORS. v/s STATE OF GUJARAT & ORS.

R/SCA/31/2026