JUDGMENT :

MAUNA M. BHATT, J.

1. Rule returnable forthwith. Learned Government Pleader Mr.G.H.Virk waives service of rule on behalf of respondent- State along with learned AGPs Ms.Dharitri Pancholi and Mr.Sahil Trivedi, learned advocate Mr.Shyamal Bhimani waives service of rule on behalf of respondent No.2 and learned advocate Mr.Manish Shah waives service of rule on behalf of respondent No.4.

2. These petitions are filed challenging the notices directing removal of unauthorised construction/ encroachment within three days, failing which, demolition has been indicated.

3. Since common issues are involved in all these captioned writ petitions, with the consent of learned advocates for the respective parties, they are heard and decided by this common judgment. Details of the challenge made in respective petitions are as under:

(i) Special Civil Application No. 496 of 2025 challenges the notices dated 04.01.2025, 07.01.2025 and 09.01.2025, wherein the Petitioners are directed to remove encroachment on Survey No.105 (Old Survey no. 476) by giving three days’ time, failing which, demolition has been indicated.

(ii) Special Civil Application No. 497 of 2025 is filed challenging the notices dated 24.12.2024 and 30.12.2024 issued under Section 185 of the Gujarat Municipalities Act, 1963 (‘GM Act, 1963’ for short) directing removal of unauthorised construction, on Survey no. 386 (Old Survey no. 347) within 3 days, failing which, demolition has been indicated.

(iii) Special Civil Application No. 503 of 2025 is filed challenging the notices dated 04.01.2025, 07.01.2025 and 09.01.2025 wherein the Petitioners are directed to remove encroachment on Survey No. 529 paiki (Old Survey no. 501/1/ Paiki 2) by giving three days’ time, failing which, demolition has been indicated.

The lands situate at Survey No.105 (Old Survey no. 476), Survey no. 386 (Old Survey no. 347) and Survey No. 529 paiki (Old Survey no. 501/1/Paiki 2) are referred to as “lands in question”.

4. Facts in brief referred in each of the petitions are as under:

All the three petitions are filed by Bet Bhadela Muslim Jamat, a trust registered under the Waqf Act, through its President and Secretary. Petitioner No.1 is President and Petitioner No.2 is Trustee/ Mutawalli.

Special Civil Application No. 496 of 2025:

(i) It is case of the Petitioners that land bearing Survey No. 105 (Old Survey No. 476), situated at Village: Bet, Taluka: Dwarka, District: Devbhoomi Dwarka was used as Qabrastan for burial of Muslims of Village Bet prior to independence. The revenue record (7/12 extracts, Page 21, Annexure-C) shows the land in question for use as Qabrastan. Moreover, mutation entry No. 219 (Annexure-D, Page 24) records the land (old Survey no. 347) as Qabrastan.

(ii) The Collector, Jamnagar vide order dated 20.03.1967 placed the said land along with other lands in the administration of Panchayat. Accordingly, mutation Entry No.219 was recorded in village Form No.6 (Annexure-E Page 26), however, the name of Qabrastan is still existing in the revenue records. Moreover, use of land as Qabrastan is recorded in Hissa Form No.4 maintained by the competent authority (Annexure-F Page 34). Therefore, the land in question is a Qabrastan land, used for burial of deceased Muslims of village Bet and for the religious observances and managed by Bet Bhadela Muslim Jamat since 16.05.1953.

(iii) So far as Bet Bhadela Muslim Jamat (the Petitioner trust) is concerned, it came to be registered under the provisions of Bombay Public Trusts Act vide registration No. B-29. Upon coming into force of the Waqf Act, 1995, in view of Section 43 of the Waqf Act, the Trust -Bhadela Muslim Jamat was deemed to be registered under Section 43 of Waqf Act, 1995 and, therefore, the property in question (Qabrastan) is property under the control and supervision of Waqf. Public trust registration is at Annexure-H Page 36.

Special Civil Application No. 497 of 2024:

(i) It is case of the Petitioners that land bearing Survey No.386, Old Survey N