Gujarat High Court Restrains Godhara Municipality From Taking Coercive Action Over Alleged Unauthorized Construction

The Gujarat High Court in an interim order on Friday (December 12) directed the Godhara Nagar Palika not to take any coercive action against residents who had challenged a notice asking them to remove alleged unauthorized construction, whose plea for regularization was pending before the Collector.

The court was hearing a petition by residents challenging notice dated 12-11-2025 issued by Godhara Nagar palika whereby petitioner has been directed to remove unauthorized construction on the subject land.

The counsel for the municipality submitted before Justice Mauna M Bhatt said that in an earlier round of litigation the court had asked the municipality to pass a reasoned order in respect to the petitioners' case. It was submitted that the municipality's order which is under challenge in the present petition is exhaustive.

The counsel for the petitioner submitted the November 12 notice is erroneous as it was passed based on earlier order of the Collector, Panchmahal. The Collector had in its order rejected the petitioners application seeking non-agricultural use permission. The said order was subjected to proceedings before Special Secretary Revenue Department (SSRD) which had also rejected the petitioners' case through order dated 22-1-2022.

Thereafter a notice was issued by Nagarpalika on July 15 to the petitioners which was challenged before the high court in an earlier petition. The court had then found a breach of principles of natural justice and had directed Nagarpalika to provide a hearing to the petitioners and to pass an order. Aggrieved by the municipality's order the petitioners approached the high court in the present petition.

The petitioners' counsel said that the petitioners' application seeking regularization of unauthorized construction is pending before the concerned Collector since November 4. He said that this power is assigned to Collector under Section 66 of the Gujarat Land Revenue Code, 1979.

He said that in view of insertion of Section 125(F)(1)(i), no notice can be issued after insertion of the said Section which has been introduced with effect from April 9.

"Considering the submission issue notice. No coercive action to be taken till next date of hearing," the court said.

Case title: FIROZ IBRAHIM POSHTI & ORS. v/s COLLECTOR AND DISTRICT MAGISTRATE & ANR

R/SCA/16977/2025