Gujarat High Court Directs No Coercive Action Against Man Challenging Vacation Notice On Property Allotted To Him After 2001 Earthquake

The Gujarat High Court on Tuesday (December 9) directed the state authorities to grant personal hearing to a man who had challenged a notice asking him to vacate a property, given to him on lease after 2001 earthquake, used by him to run an electronic repair shop.

In doing so the court also restrained the authorities from taking any coercive action until a decision is taken by them in the matter.

During the hearing a counsel for the petitioner submitted before Justice Mauna M Bhatt that he had challenged a notice dated 26-11-2025 whereby the petitioner has been directed to vacate the cabin given on lease within 7 days.

The Advocate submitted that the petitioner is resident of Samakhiali village in Kachchh district. After the earthquake in 2001, as per a government resolution of 2001 he was given cabin for purpose of livelihood for running business. He said that the petitioner has been using it to run his business and he has not done any unauthorized construction.

He submitted that ignoring the resolution the notice was issued to the petitioner. It was submitted that the petitioner responded to it, however a personal hearing was not provided wherein he can produce documents to justify his claims

The court was informed that the petitioner is having leasehold right over property.

The court thereafter in its order dictated, "Considering limited ground raised by petitioner of not providing personal hearing pursuant to notice dated 26-11-2025 the court passes following order. The reply filed by petitioner to the notice may be considered by authorities and the respondent 4 is also directed to provide personal hearing to petitioner within a period of 10 days from the date of receipt of the order. Once hearing is provided and reply is considered, it is open for respondents to pass appropriate orders in accordance with law".

"Till decision is taken by respondent no. 4 no coercive action to be taken. The request made if any by petitioner to provide reasonable time to vacate the cabin may also be considered by respondent 4.It is open for petitioner to file appropriate proceedings to establish leasehold right if any over subject property," the court added.

The court disposed of the plea.

Case title: MAHENDRASINH MAHOBATSINH JADEJA & ANR. v/s THE STATE OF GUJARAT & ORS.

R/SCA/16724/2025