Gujarat High Court Asks Vadodara Municipality To De-Seal 4 Flats Used For Hospitality After Owner Undertakes To Seek Prior Permission

The Gujarat High Court on Tuesday (December 23) has directed the Vadodara Municipal Corporation to de-seal four flats belonging to an entity after the owner submitted that an undertaking shall be filed with the corporation that the flats will not be used for "hospitality purpose" without prior permission from the corporation. 

Justice Mauna M Bhatt was hearing a plea challenging the action of Vadodara Municipal Corporation of sealing premises of the petitioner pursuant to show cause notice dated 1-12-2025. 

The counsel for petitioner submitted that the petitioner is owner of four flats in a housing society in Vadodara. Since the flats in question were given for hospitality purposes, the petitioner was served with show cause notice dated 1-12-2025. The notice to commercial/hospitality use of the flats in question. The petitioner responded to the notice by filing reply immediately. 

In the reply it was pointed out to authority that the petitioners have stopped giving flats for hospitality purpose, but despite that action was taken against the petitioner. 

The counsel submitted that the petitioner was not aware of prior permission to be taken from corporation for such use. The counsel said that there is no commercial activity in the flats in question. However, he said that, petitioner is ready to file undertaking before the authority, that "unless and until the requisite permission is obtained from the respondent corporation he shall not use the premises for hospitality purpose". 

The counsel for the corporation submitted that action taken was in consonance of the law since flats in question were given for commercial purpose by putting the same on a website. Therefore since no such permission was available with the petitioner, action of sealing has been done. He however could not dispute that if such permission is obtained as per guidelines of Corporation it can be used for hospitality purpose. 

The court in its order directed:

"Considering the submission following directions are issued:

The petitioner is directed to file an undertaking in two days from today to the respondent no. 2 authority as stated herein above. Once such undertaking is filed to the satisfaction to the respondent corporation authority, the corporation is directed to open the seal put earlier pursuant to notice dated 1-12-2025. This court has not gone into the merits..."

The court disposed of the plea. 

Case title: JB TRIVEDI HOSPITALLITY PVT.LTD v/s STATE OF GUJARAT & ORS.

R/SCA/17469/2025

Citation: 2025 LiveLaw (Guj) 240