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2026 Supreme(Online)(Guj) 20265

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nikhil S. Kariel, J
Ansari M. Ikbal Alihusen – Appellant
Versus
State of Gujarat – Respondent
R/SPECIAL CIVIL APPLICATION NO. 8712 of 2026



Important Points

When a public authority carries out an unauthorized and illegal demolition, it has a legal obligation to appropriately accommodate the displaced persons and the police are duty-bound to act upon complaints to prevent such illegalities.

Subject

Administrative Law - Municipal Law/Civil Rights

Headnote

The petitioners approached the court challenging an unauthorized demolition of their residences. The Corporation admitted through an affidavit from the Municipal Commissioner that the demolition was completely illegal, occurring during a proposed procedure of demarcation for which a plot validation certification had previously been rejected. Five officers involved in the site activity have been suspended pending departmental proceedings. The primary issue framed by the court pertains to the liability of the Corporation and the Police in the event of an unauthorized demolition. The court observed that once the demolition is undisputed as unauthorized, it is the duty of the Corporation to ensure displaced persons are appropriately accommodated, either by rebuilding residences at the same site or via private negotiations. Regarding the police, the court noted it is their bounden duty to act upon complaints when it is clear that an illegal act is occurring. For facilitating the above process, list this matter on 09.07.2026.

Advocates:
For the Appellants/Petitioners: Trusha Patel, Nirav C Sanghavi, A S Timbalia
For the Respondents: G H Virk, Anuj K Trivedi, Gaurav Chudasama, Salil M Thakore, Kamal Trivedi, Dharitri Pancholi, Jay Barot

Table of Content
1. establishment of facts regarding the illegal nature of the demolition and administrative failures. (Para 1 , 2 , 3 , 4 , 6)
2. duty of the state and corporation to accommodate victims of unauthorized demolition. (Para 5)
3. procedural scheduling for further compliance. (Para 7)

ORAL ORDER

1. Heard learned Senior Advocate Ms.Trusha Patel with learned advocate Mr.Nirav Sanghavi and learned advocate Mr.A.S.Timbalia appearing on behalf of the petitioners, learned Advocate General Mr.Kamal Trivedi with learned advocate Mr.Anuj Trivedi appearing on behalf of the respondent – Corporation, learned Assistant Government Pleader Mr.G.H.Virk with learned advocate Ms.Dharitri Pancholi and learned advocate Mr.Jay Barot appearing on behalf of the State respondents and learned advocate Mr.Salil Thakore appearing on behalf of the respondent no.15 – Torrent Power Limited.

2. Learned Senior Advocate Ms.Patel on behalf of the petitioners has tendered an affidavit inter alia submitting that certain further facts which was not placed on record, is required to be brought to the notice of this Court inter alia being as regards transcripts of conversation which had taken place with a police official who had reached the site upon some of the petitioners calling the Police Helpline No.112, certain transcripts as regards some senior officers are also present and certain photographs have also been annexed whereby the petitioners are attempting to establish that each of the petitioners had a residence in the area in question which had been demolished. The said affidavit is taken on record.

3. Learned advocate Mr.Salil Thakore appearing on behalf of respondent no.15 – Torrent Power Limited has tendered an affidavit of one Mr.Umang Dutt, Vice President (Operations) Surat Unit of Torrent Power Limited who has inter alia in the affidavit stated as regards the Ahmedabad Helpline of the Torrent Power Limited receiving three telephone calls from one Mr.Shaileshbhai claiming to be from Central Zone, Surat Municipal Corporation as regards a proposed demolition which was contemplated. It is also informed that the details had been transferred to the Surat office and when the officers of the Surat office had reached the place, they did not find any demolition activity and whereas, they were directed to a different place where again a the demolition activity was not found and ultimately, they had reached the place where the residences of the petitioners and others were in the process of being demolished.

3.1. Learned advocate Mr.Thakore would point out that as such, there was no disconnection of electricity from the entire area prior to the demolition and whereas, the disconnection was at around 10:30 am when the officers had reached the site and had found that the demolition work had already started and some of the meters of the respondent no.15 had also been damaged/destroyed in the demolition work. It has been submitted by learned advocate Mr.Thakore that the electricity connection of the locality had been disconnected to ensure that there is no loss of life, limb or property on account of the electricity connection being live during the demolition process. As such, learned advocate also points out to the protocol being followed by the Torrent Power Limited by insofar as disconnecting electricity insofar as demolition work etc. is concerned. The said affidavit is taken on record. Further steps as regards the said respondent would be after further hearing of the matter.

4. Learned Advocate General Mr.Kamal Trivedi appearing on behalf of the Surat Municipal Corporation has tendered an affidavit of the Municipal Commissioner wherein it is inter alia pointed out that the plot in question belonged to certain private individuals and whereas, they had sought to develop the same with some third parties i.e. respondents no.10 to 14 herein and whereas, originally, on 12.03.2026 a plot validation certification had been sough

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