Court Orders Fresh Demarcation in Dispute Over Unauthorized Construction.
11 February 2025
Civil Appeals >> Civil & Consumer Law | Property Law >> Personal Law
The petition of Girishbhai Ranchhodbhai Bhaliya & Anr. Vs State of Gujarat & Ors challenges a notice issued on December 2, 2024, under Section 260(1) of the Gujarat Provincial Municipal Corporation Act, 1949, which directed the petitioner to remove unauthorized construction. The petitioner argued that the notice was vague, as it failed to specify the nature of the unauthorized construction and did not provide an opportunity for a hearing, citing a Supreme Court decision that mandates such details.
On the other hand, the respondent corporation referred to earlier notices issued between February and July 2024, alleging illegal construction beyond the petitioner’s land boundary. The respondent suggested a new demarcation of the land to identify unauthorized construction, allowing the petitioner to be present during the process. The Court allowed the Corporation to measure the land in the presence of the petitioner on February 18, 2025, ensuring that any excess construction would be communicated to the petitioner before any further action was taken. The petition was disposed of with these directions.