Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, L. S. PIRZADA
Mancha Masjid Through Trustee/Mutawalli Amjadkhan Aslamkhan Pathan – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
A.S. SUPEHIA, J.
1. Since an urgency is cited by the respective learned advocates appearing for the respective parties, the matter has been heard finally and decided today. The facts as narrated by the learned Single Judge are not in dispute, and we are not reiterating the same.
2. The Letters Patent Appeal emanates from the order dated 23.09.2025 passed by the learned Single Judge in the captioned writ petition being Special Civil Application No.12923 of 2025 seeking quashing and setting aside the notice dated 25.07.2025 issued by the respondent–Ahmedabad Municipal Corporation (AMC) under the provisions of the Gujarat Provincial Municipal Corporations Act, 1949 (in short “GPMC Act”). The prayers are made for restraining the respondent(s) from execution and implementation of the notice dated 25.07.2025.
3. At the outset, both the learned advocates appearing for the respective parties have placed reliance on the map showing the status of the properties before and after the demolition, in view of the widening of the Town Planning (TP) Road leading towards Sabarmati Railway Station, Platform No.12. The property (Mancha Masjid) of the appellant is situated in the corner. It is not
Acquisition of Waqf property for public interest through proper statutory procedure does not necessitate prior consultation with the Waqf Board before issuing demolition notices.
Section 210 (1) (a) empowers the Commissioner to prescribe a street line for the first time without the prior approval of the Standing Committee (as has been done in the present case). It is only und....
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
The respondent authority is the lawful owner of the Final Plot No. 49 and therefore, unauthorized constructions of tin sheet sheds with iron angles and guarders are without any authority of Rules and....
The Wakf Tribunal has exclusive jurisdiction over properties classified as Takia, graveyard, and Maszid, which are deemed public graveyards and cannot be divested by non-user.
(1) Creation of Wakf – Alleged use of suit land as burial ground prior to 1900 or 1867 is not sufficient to establish a Wakf by user in absence of evidence to show that it was so used.(2) Principle o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
