Gujarat High Court Asks State Authority To Grant Personal Hearing Over Removal Of Religious Structure Allegedly Encroaching Water Body

The Gujarat High Court on Thursday (January 8) asked the state authorities to consider objections and provide a personal hearing to certain persons who had challenged a notice asking them to remove an alleged encroachment— stated to be an ancient Dargah, claimed to be constructed over a water body. 

The court was hearing a petition challenging a notice dated 18-8-2025 whereby petitioners were directed to remove encroachment on the ground that construction is on a water body. Under the said notice 21 days time was given to remove encroachment failing which appropriate action under provisions of Gujarat Municipal Corporations Act has been indicated. 

The counsel appearing for the six petitioners submitted before Justice Mauna M Bhatt that the land in question has been given to the petitioner and rights of inami village had been recognized by the revenue department.

He submitted that the religious structure was very old structure, around 500 years old and was also protected under Places of Worship Act. He said, "It is an ancient structure. No structure can be changed by anybody if it is religious. It is religious dargah of our grandmother". 

He further said that against the notice the petitioners had raised detailed objection dated 19-8-2025. In the said objections the history of the land in question has been incorporated. The petitioners said that they had also raised other objections in the representation, but no hearing was provided to them prior to the issuance of the notice.

It was submitted that if a personal hearing is provided to the petitioners and objections raised by them under the representation dated 19-8-2025 is considered, then their grievance would be redressed.

The court thereafter in its order said:

"Considering the submission and noticing peculiar facts of the case, this court deems it appropriate to direct respondent 4 authority (Estate and Deputy Town Development Officer, South Zone)  to consider the petitioner's objections dated 19-8-2025 along with providing him with a personal hearing. It is open for petitioner to raise other grounds and documents when the personal hearing is provided to the petitioner".

The court further said that for this purpose it is open for authority to give notice to the petitioner and on that day the petitioner is duty bound to appear and cooperate with the proceedings.

The court also said that a stay order granted in another petition (SCA/15082/2017) would not come in the way of providing opportunity of hearing as directed. It said that the order was passed considering the grievance of petitioner that opportunity of hearing has not been provided. 

The plea was thus disposed of. 

Case title: HEBATKHAN JAFARKHAN PATHAN & ORS. v/s STATE OF GUJARAT & ORS.

R/SCA/13155/2025