Gujarat High Court
Irfan Mohammed Molvi vs Deputy Collector And Sub Divisional ... on 6 October, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/1135/2025 ORDER DATED: 06/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1135 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 2355 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 1135 of 2025
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IRFAN MOHAMMED MOLVI
Versus
DEPUTY COLLECTOR AND SUB DIVISIONAL MAGISTRATE OLPAD &
ORS.
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Appearance:
MR ASPI M KAPADIA(1865) for the Appellant(s) No. 1
MS DELSHAD A KAPADIA(10238) for the Appellant(s) No. 1
MS. HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
SHYAMAL K BHIMANI(8233) for the Respondent(s) No. 5
SIDDHARTH R KHESKANI(9483) for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 06/10/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Mr. Siddharth R. Kheskani, learned advocate has put in appearance on behalf of the respondent nos. 2 to 4.
2. Mr. Shyamal K. Bhimani, learned advocate appearing for the respondent no. 5 would submit that on receipt of the advance notice of the present appeal, he tried to contact his client namely respondent no. 5 but he has not responded so far. He is still awaiting for instructions from the respondent Page 1 of 5 Uploaded by VARSHA DESAI(HC01393) on Thu Oct 09 2025 Downloaded on : Thu Oct 09 22:55:21 IST 2025 NEUTRAL CITATION C/LPA/1135/2025 ORDER DATED: 06/10/2025 undefined no. 5 to appear in the matter.
3. We may note, at the outset, that the respondent no. 5 is the complainant at whose behest the proceedings under the Land Grabbing Act, 2020 had been initiated.
4. Having heard the learned counsel appearing for the parties and perused the record, suffice it to note that in the present Letters Patent Appeal, the challenge is to the judgment and order dated 18.08.2025 passed by the learned Single Judge whereby the writ petition has been dismissed noticing that the evidence on record indicates that the constructions had been raised by the appellant herein without any development permission by constructing a gate and compound wall, which are encroachments over a public road.
5. The submission of Mr. Aspi Kapadia, learned counsel for the appellant is that the entire proceeding against the petitioner was initiated on the complaint filed by the respondent no. 5 under the Land Grabbing Act, 2020 where he had raised certain disputes with regard to a private road. There is nothing on record which would establish the Page 2 of 5 Uploaded by VARSHA DESAI(HC01393) on Thu Oct 09 2025 Downloaded on : Thu Oct 09 22:55:21 IST 2025 NEUTRAL CITATION C/LPA/1135/2025 ORDER DATED: 06/10/2025 undefined allegations of encroachment of 6 feet Gamtal land on the part of the appellant. The contention is that the communications dated 08.01.2025 and 28.01.2025 sent by the Deputy Collector to the Taluka Development Officer and, in turn, by the Taluka Development Officer to the Sarpanch and Talati cum Mantri; respectively, had resulted in issuing final notice dated 15.02.2025 by the Taluka-cum- Mantri and the Sarpanch of the Gram Panchayat concerned, asking the appellant to remove alleged encroachments.
6. The further submission is that it was incumbent upon the respondents to establish that the construction namely gate and compound wall were raised by the petitioner on a Gamtal road, which is a 6 ft. road. It is contended that as per own admission of the respondent authorities, there exist no map which would establish 6 feet public road or Gamtal land existing on the spot, i.e. in front of the house of the petitioner. Reference has been made to certain photographs, appended at Annexure - 'A' to the writ petition to submit that the petitioner is ready and willing to remove the gate and the tiled passage created by him infront of the house. However, in absence of any evidence of 6 feet road or Page 3 of 5 Uploaded by VARSHA DESAI(HC01393) on Thu Oct 09 2025 Downloaded on : Thu Oct 09 22:55:21 IST 2025 NEUTRAL CITATION C/LPA/1135/2025 ORDER DATED: 06/10/2025 undefined Gamtal land, other encroachments cannot be directed to be removed.
7. Testing all these submissions of the learned counsel for the appellant, suffice it to record that in the proceedings for removal of encroachment under Section 150 of the Gujarat Panchayat Act, 1993, adequate opportunity of hearing has been granted to the appellant. Notice dated 01.02.2025 had been issued to which reply was submitted and on consideration of the reply, the competent authority while taking decision under Section 105 of the Gujarat Panchayat Act, 1993 has reached at a conclusion that there exists encroachments on a public road, made by the appellant and the constructions raised on the spot are without any development permission granted by the competent authority.
8. Once this is the factual situation noted by the learned Single Judge in the judgment impugned, we do not find any reason to interfere. For any assertion of the appellant with regard to the existence of 6 feet public road on the spot, suffice it to note that the learned counsel for the appellant could not demonstrate before us that the offending Page 4 of 5 Uploaded by VARSHA DESAI(HC01393) on Thu Oct 09 2025 Downloaded on : Thu Oct 09 22:55:21 IST 2025 NEUTRAL CITATION C/LPA/1135/2025 ORDER DATED: 06/10/2025 undefined constructions were raised on the private property of the petitioner, that too after seeking development permission from the competent authority.
9. As the appellant has not been able to establish the existence of offending constructions on the property owned by the appellant, we do not find any good ground to entertain the challenge. No interference is called for, the appeal stands dismissed.
10. In view of dismissal of the appeal, the Civil Application stands disposed of.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) VARSHA DESAI Page 5 of 5 Uploaded by VARSHA DESAI(HC01393) on Thu Oct 09 2025 Downloaded on : Thu Oct 09 22:55:21 IST 2025