1. Rule. Learned Government Pleader Mr. G. H. Virk waives service of notice of rule on behalf of respondent Nos. 2 and 3 learned Assistant Government Pleader Mr. Rohan Raval with learned Assistant Government Pleader Mr. Aakash Gupta waives service of notice of rule on behalf of respondent Nos. 1 and 5 and learned advocate Mr. Manish Shah waives service of notice of rule on behalf of respondent No. 4.

2. This petition is filed challenging the order under S.260(2) of the Gujarat Provincial Municipal Corporations Act, 1949 (for short 'the GPMC Act') dated 06.01.2025 under which the petitioner has been directed to remove unauthorized construction, failing which, appropriate action under the provisions of law has been indicated.

3. The facts in brief as referred in the petition are as under: -
The petitioner herein is Kaachni Masjid Trust registered under the WAQF Board. It is case of the petitioner that the Trust is managing and administering its immovable property for the welfare and wellbeing of poor and needy people. The property in question is situated at C.S. No. 1806, Sheet No. 92, Gamtal, Jamalpur, Ahmedabad City (hereinafter referred to as 'subject property'). It is case of the petitioner that the subject property is owned by the Trust since last more than 75 years. Years back, the Trust gave the subject property to Ahmedabad Municipal Corporation to run a school. Subsequently, shops were constructed by the Trust and at present, the Trust is in possession of the subject property (10 shops). A notice dated 23.12.2024 under S.260(1) of the GPMC Act came to be issued to the petitioner Trust for removal of unauthorized construction. Under notice dated 23.12.2024, only three days' time was provided to remove unauthorized construction failing which demolition was indicated. Aggrieved by the notice dated 23.12.2024, the petitioner preferred Special Civil Application No. 17645 of 2024 wherein this Court vide order dated 26.12.2024 upon considering the statement made by learned advocate appearing for Municipal Corporation, provided further 10 days' time from 26.12.2024 to respond to the show - cause notice dated 23.12.2024 along with documentary evidence, if any, in support of the reply. It was also directed that once such exercise is undertaken by the petitioner, respondent No. 1 shall decide the reply in accordance with law. Accordingly, an order dated 06.01.2025 was passed which has led to filing of the present petition.

4. Heard learned advocate Mr. P. V. Patadiya for the petitioner and learned Government Pleader Mr. G. H. Virk assisted by learned advocate Mr. Simranjit Virk and learned advocate Ms. Nency Sheth for respondent Nos. 2 and 3 and learned Assistant Government Pleader Mr. Rohan Raval with learned Assistant Government Pleader Mr. Aakash Gupta for respondent No. 1 and learned advocate Mr. Manish Shah for respondent No. 4.

5. Learned advocate Mr. P. V. Patadiya for the petitioner submitted that the notice dated 06.01.2025 is unjust and erroneous on the following grounds: -
5.1 The petitioner herein is a Trust, registered under the WAQF Board. The property in question being 10 shops are owned by the Trust and ownership lies with the petitioner Trust since last more than 75 years. Since the petitioner is owner and in occupation of the subject property, the allegation of unauthorized construction is misconceived because earlier the petitioner - Trust gave subject property to Ahmedabad Municipal Corporation to run a school and thereafter on account of dilapidated condition of School structure, the same was demolished and 10 shops were constructed by trust. Since the ownership of the property is with Trust registered under WAQF Board, the construction made cannot be stated to be unauthorized or illegal.
5.2 For the property in question, the petitioner through its occupants had already preferred an individual application seeking regularization under the provisions of the Gujarat Regularization of Unauthorized Development Ac