Gujarat High Court Bars Sealing Of Residential Premises Until Decision By Authorities On Owners' Pleas Seeking Change In Use Permission

The Gujarat High Court on Friday (January 9) directed state authorities to decide applications moved by certain individuals seeking change in use of residential premises and said that until these applications are decided the premises shall not be sealed.

The court was hearing a petition challenging Notice dated 05.03.2025 whereby the petitioners have been informed that on account of change in use of premises, their premises would get sealed.

The petitioners under the said Notice were also informed that change in use permission is required to be stopped.

The counsel for petitioners submitted that the petitioners herein are not the original allottee of the premises in question. It is true that Gujarat Housing Board has allotted residential premises to the original allottee, however, the same have changed hands and at present, the petitioners are owners of the properties in question by way of registered conveyance deed.

It was submitted that there is change in use by the petitioners and for change in use permission, their applications are pending before the authority. Therefore, action indicating of sealing of the premises prior to decision taken on such applications is illegal and deserves to be quashed and set aside.

The counsel for the authorities-respondent 2 Ahmedabad Municipal Corporation and respondent 3 Gujarat Housing Board–submitted that the petitioners are not original allottee of the premises. Original allotment was for residential purposes and one of the covenants of the said allotment, restricts use which is other than residential. Therefore, under no circumstances, commercial activity is permitted. Moreover, Notice referred in the petition dated 05.03.2025 is not relevant because till date, no sealing is done of the premises.

Justice Mauna M Bhatt in her order said:

"This Court has noticed that all the residential premises are being turned into commercial premises without there being any prior permission. Further, there are allegations that petitioners had created an encroachment and done construction over and above the original permission. The encroachment created is on public road".

It thereafter issued the following directions:

(i) 7 days' time is given to the petitioners from today to make fresh individual applications to the Gujarat Housing Board seeking change in use permission.

(ii) Considering the submission on behalf of the petitioners that they have already preferred applications before the respondents seeking change in use, it is open for the petitioners either to pursue the said applications or to make fresh applications within a period of 7 days from today.

(iii) Respondents are directed to decide the said applications seeking change in use permission as expeditiously as possible, within a period of two weeks thereafter.

The court said that once such applications are preferred, it is open for the respondents to decide the same in accordance with law.

"Considering that the respondents have agreed not to seal the premises till the applications are decided, this petition is disposed of with the direction to the respondents to decide their applications and till the applications get decided, no coercive action shall be taken of sealing the premises," the court said.

The plea was disposed of.

Case title: ROHIT VALLABHABHI VASANI & ORS. v/s STATE OF GUJARAT & ORS.

R/SCA/206/2026

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