RAMABHAI MOTIBHAI BHARWADversusGUJARAT INDUSTRIAL DEVELOPMENT CORPORATION (GIDC)

     C/SCA/14936/2023                              JUDGMENT DATED: 10/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 14936 of 2023


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
================================================================

             Approved for Reporting               Yes          No

================================================================
               RAMABHAI MOTIBHAI BHARWAD
                          Versus
 GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION (GIDC) & ANR.
================================================================
Appearance:
MR MA PAREKH(1088) for the Petitioner(s) No. 1
MR.SUNIL B DAVE(9936) for the Petitioner(s) No. 1
MS SHRUTI S PATHAK(5619) for the Respondent(s) No. 1,2
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                              Date : 10/03/2026

                                JUDGMENT


1.       RULE returnable forthwith. Ms. Shruti Pathak, learned
counsel for the respondents waives service of notice of rule on
behalf of the respondent. With the consent of the learned
counsel for the respective parties, the present petition is taken
up for nal hearing today.


2.       Present petition is led by the petitioner under Articles 14
and 226 of the Constitution of India read with the provisions of
Gujarat Regularization of Unauthorized Development Act, 2022
seeking following reliefs:



                                  Page 1 of 7
C/SCA/14936/2023                              JUDGMENT DATED: 10/03/2026




    “A) Admit/allow the present petition, in the interest of justice;

    B) Be pleased to quash and set aside the impugned
    communication issued by the Resp. No.1 which was received by
    the petitioner on dtd: 31/12/2022, forthwith, in the interest of
    justice;

    C) Be pleased to issue a writ of Mandamus or a Writ of
    Certiorari or any appropriate writ or order or Direction and by
    directing the Resp. No.1 and 2 to accept an application
    regarding GRUDA Ordinance No. 3 of 2022, in the interest of
    justice;

    D) Be pleased to issue a writ of Mandamus or a Writ of
    Certiorari or any appropriate writ or order or Direction & direct
    the concerned o0cer of the Respondent Corporation i.e.
    Respondent No.1 to adopt the Ordinance called Gujarat
    Regularization of Unauthorized Development, 2022 as it is
    applicable to Unauthorized Development in the Municipal
    Corporation Aras, Nagarpalika Areas & development Areas in
    the state of Gujarat forthwith, in the interest of justice;

    E) Be pleased to issue a writ of Mandamus or a Writ of Certiorari
    or any appropriate writ or order or Direction & direct the
    concerned o0cer of the Respondent Corporation i.e.
    respondent No.1 to Regularize Unauthorized Construction
    constructed in the premises known as LIG-II-2/25 Quarter
    situated in the Estate of Respondent GIDC as the petitioner is
    Ready and willing to furnish the impact fee as per the
    measurement of Unauthorized Construction & Impact Plan,
    forthwith, in the interest of justice;

    F) Be pleased to issue a writ of Mandamus or a Writ of Certiorari
    or any appropriate writ or order or Direction & direct the
    respondents to Insert the name of the petitioner as owner
    /occupier in the record of premises known as LIG-II-2/25
    quarter, situated in the Estate of Respondent GIDC, forthwith, in
    the interest of justice;

    G) Pending, admission, & ;nal disposal of the present petit, be
    pleased to issue a writ of Mandamus or a Writ of Certiorari or
    any appropriate writ or order or Direction and be directing to
    the Respondents, their men, agents, servants or assignees from


                              Page 2 of 7
     C/SCA/14936/2023                              JUDGMENT DATED: 10/03/2026




         removal OR demolish any part of Residential Premises bearing
         Quarter NO. LIG-II-2/25, forthwith OR to Grant Status-Quo, in
         the interest of justice.

         H) Any other and further reliefs may kindly be granted in the
         interest of justice.”


3.       Brief facts giving rise to the present petition are that, the
petitioner is challenging the impugned communication dated
31.12.2022 issued by the respondent No.1, whereby the
respondent has turned down the request made by the petitioner
to regularize the unauthorized construction in the premises
known as LIG-II-2/25 Quarter, whereby, it is stated that the
Ordinance regarding Gujarat Regularization of Unauthorized
Development (GRUDA) is not applicable to Gujarat Industrial
Development Corporation (GIDC) Estate. That, the petitioner had
challenged the impugned Notices dated 18/09/2018 and
29/10/2018 regarding removal of unauthorized construction
before this Hon'ble Court by way of Writ Petition vide Special
Civil Application No. 1950 of 2021 whereby, the petition came to
be disposed of with certain directions wherein the petitioner was
directed to             le an undertaking for removal of unauthorized
construction of the said property and after the removal of such
unauthorized construction the respondent was directed to
process the petitioner's application form for transfer of the said
property. That, on 17/8/2022, the State Government had
published the Gujarat Regulation of Unauthorized Development
Ordinance, 2022 in the Government Gazette and subsequently,
the petitioner had approached the authority with application
dated 02/12/2022 seeking regularization of above referred
property, which came to be rejected by the authority on the



                                     Page 3 of 7
     C/SCA/14936/2023                                   JUDGMENT DATED: 10/03/2026




ground that the said ordinance is not applicable to GIDC Estate.
That, the petitioner is ready and willing to furnish impact fees
according to the measurement which is in respect to the impact
plan.


4.       Being aggrieved and dissatis ed with the impugned
communication dated 09.12.2022 issued by GIDC, Ahmedabad,
the petitioner has preferred the present petition.


5.       Heard the learned counsel for the respective parties.
Perused the materials available on record.


6.       Mr. Parekh, learned counsel has submitted that the
respondent no. 1 has martially erred in law and facts in turning
down the request made by the petitioner, in view of the said
Ordinance regarding regularization of unauthorized development
because the said ordinance is applicable to entire State of
Gujarat including Municipal Corporation Areas, Nagarpalika Areas
and Development Areas in the State and despite that, the
Respondnet No.1 has stated that the said ordinance is not
applicable         to   GIDC   Estate.   He       has   submitted       that     the
respondents ought to have considered Section 5 of the said
Ordinance because the case of the petitioner is squarely covered
under the said Section. The provision laid down u/s. 5 of the said
Ordinance reads that, "at any time on or before 30th September,
2022, a notice issued to an owner or occupier or any order
issued or decision taken under the relevant law except under the
provisions of RERA, 2016, requiring such owner or occupier to
remove or pull down or alter unauthorized development carried
out shall be deemed to have suspended unless and until the

                                    Page 4 of 7
     C/SCA/14936/2023                                    JUDGMENT DATED: 10/03/2026




notice, order or decision stands revived of sub-section 2 of
Section-6." He has submitted that in the instant case also the
respondents had issued the removal notice on 18/9/2018 and
29/10/2018 i.e. before 30th September 2022 and hence, the
petitioner's legitimate right is accrued under the said Ordinance.
He has submitted that the respondent corporation has issued
impugned notice dated 18/9/2018 to the                     rst owner viz. Shri
Rajeshkumar J. Raval of the premises who had thereafter,
transferred the premises Jayantilal Ambalal Patel on 26/8/2013
and thereafter, the second owner has transferred in the name of
petitioner on 29/8/2018 and that the petitioner had never
received any notice before except on 11/1/2021. He has
submitted that the respondent ought to have issued notice for
removal of unauthorized construction to the petitioner since the
petitioner has been in legal occupancy since 2018 when he got
executed agreement to sale with the second owner of the said
premises however, the petitioner came to know only on
11/1/2021 when he went for inquiry about name transfer
application dated 29/9/2018 and reminder dated 11/1/2021. Over
and above the contentions raised in the memo of petition,
learned counsel Mr. Parekh has urged that the impugned
communication passed by the GIDC is required to be quashed
and set aside and the present petition is required to be allowed.


7.       As against that, Ms. Pathak, learned counsel for the
respondents has submitted that GRUDA Act is brought into force
for the purpose of regularizing of the unauthorized development
in     the      Municipal   Corporation         areas,     Nagarpalikas          and
Development areas in the State and therefore, the same cannot
be ipso-facto made applicable to GIDC. She has submitted that

                                  Page 5 of 7
     C/SCA/14936/2023                             JUDGMENT DATED: 10/03/2026




the petitioner had shown his willingness to remove the
unauthorized construction and accordingly had given an
undertaking before this Court in the earlier round of litigation for
removal of unauthorized constructions. However, the petitioner
has not adhered to the said undertaking and directions and thus,
the petitioner has Couted the orders passed by this Court and
thus, the present petition deserves to be dismissed.


8.         I have heard the learned counsel appearing for the
respective parties and perused the material placed on record. I
have also considered the impugned communication issued by
GIDC, Ahmedabad. It appears from the record that the
Coordinate Bench of this Court, vide order dated 02.08.2022 (at
page 17) had recorded the undertaking of the petitioner to
remove the unauthorized construction situated upon the subject
parcel of land. As detailed on page 86, this encroachment
encompasses an area of 41.075 sq. meters. The Coordinate
Bench of this Court vide order dated 02.08.2022 had issued
directions to the petitioner in para-4 which reads as under:

        “4.     In view of the aforesaid submissions, the petitioner is
        directed to ;le an undertaking for removal of unauthorized
        constructions on the property in question. The respondent
        Corporation shall inform with regard to unauthorised
        constructions made in such properties. On removal of such
        unauthorized constructions, the respondent-Corporation shall
        accordingly process his application form for transfer of the
        property of GIDC Estate. The entire exercise shall be carried out
        within a period of three months from the date of receipt of writ
        of this order.”


Despite the petitioner’s undertaking, he has not complied with
the above directions till today and has not removed that

                                  Page 6 of 7
     C/SCA/14936/2023                                                   JUDGMENT DATED: 10/03/2026




encroachment and, therefore, the concerned authority is unable
to exercise and implement the order and transfer the property of
the GIDC Estate. Considering the submissions canvassed by both
the sides and considering the fact that the petitioner himself has
not complied with the above mentioned order and not removed
the unauthorized construction, the petition deserves to be
dismissed as he has Couted the order passed by this Court.


9.       In the result, the petition is dismissed accordingly. Rule is
discharged.

                                                              (HEMANT M. PRACHCHHAK,J)
ANUSRI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/03/2026 17:28:24




                                                Page 7 of 7