Gujarat High Court
Nevil Pramodbhai Patel vs The State Of Gujarat on 6 August, 2025
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C/SCA/11087/2025 JUDGMENT DATED: 06/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11087 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT sd/-
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Approved for Reporting Yes No
No
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NEVIL PRAMODBHAI PATEL & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MS KRUTI SHAH, LD.ADVOCATE WITH MR JAY N SHAH(10668) for
the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,3,4,5,6,7,8,9
MR SAHIL TRIVEDI, LD.ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 2,3,4
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CORAM: HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 06/08/2025
ORAL JUDGMENT
1. This petition is filed seeking to quash and set aside the
Notice dated 01.04.2025 (Annexure "D" Page-175) issued by
Executive Engineer, North Zone (Katargam), Surat Municipal
Corporation, Surat. Under the said Notice, the petitioners were
informed about dilapidated condition of their buildings and
failure on their part to get fresh Structure Stability Report of
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the building, as directed by this court vide order dated
27.03.2023 in Special Civil Application No.4692 of 2023. The
petition also challenges the subsequent action of sealing the
premises on 31.07.2025 and disconnection of water, electricity
and sewage.
2. Heard learned advocate Ms.Kruti Shah for the petitioners,
learned Assistant Government Pleader Mr.Sahil Trivedi for
respondent No.1.and learned advocate Mr.Kaushal Pandya for
respondent Nos.2 to 4 (Surat Municipal Corporation).
3. Learned advocate Ms.Kruti Shah for the petitioners
submitted that this petition is filed by 21 petitioners, residing
in Building Nos.1, 2, 4 and 5 of Adinath Apartment, situated
at Final Plot No.127 paiki in Final T.P.Scheme No.18
(Katargam), Revenue Survey No.529p, Surat (hereinafter
referred to as "flats in question").
3.1 It is case of the petitioners that the petitioners are
owners and occupiers of the flats in question. There are as
many as 80 flats constructed many years ago and all the
petitioners are residing in the flats in question. However, on
account of alleged dilapidated conditions of the flats in
question, the respondent- corporation issued Notice dated
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22.02.2023, directing to vacate the same. The Notice dated
22.02.2023 was subject matter of challenge before this court in
Special Civil Application No.4692 of 2023, wherein, after bi-
parte hearing it was observed that the petitioners shall
undertake to submit fresh certificate in respect of all four
blocks (Towers) within a period of six months. The order dated
27.03.2023 in SCA 4692 of 2023, was passed noticing the
Structure Stability Certificate dated 11.03.2023, of engineer.
Thereafter, in compliance of direction of this Court, Structure
Stability Certificate dated 22.09.2023 (Page-174) was produced
by the petitioners. As per certificate dated 22.09.2023, the
Structure is stable and valid for its intended use. Since,
validity of Certificate was one year, and to end on 22.09.2024,
without issuing any notice to the petitioners, the Corporation
issued Notice dated 01.04.2025 directing the petitioners to
vacate the premises. Upon receipt of Notice dated 01.04.2025,
the petitioners immediately provided fresh Structure Stability
Certificate dated 02.04.2025 (Page-179) and from the said
Certificate, it is evident that the very Engineer has stated that
Building Nos.1, 2, 4 & 5 are safe for intended use. Despite
that, ignoring the certificate dated 02.04.2025, the respondents
by its high-handed action sealed the premises on 31.07.2025,
that too without issuing any notice. Therefore, the respondents
may be directed to open the seal considering the Structure
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Stability Certificate dated 02.04.2025. Further, on account of
sealing of the residential premises as many as 125 people have
rendered homeless including children and old age people.
Moreover, as recorded by this court in its earlier order, the
petitioners are from Lower strata of the society and it would
be difficult for them to vacate and secure their residences
elsewhere on such high-handed action.
3.2 Learned advocate Ms.Kruti Shah lastly submitted that the
petitioners do not trust the structural stability report given by
SVNIT, on which reliance is placed by respondent-
Corporation, because the report was prepared without
inspection and in absence of petitioners. Therefore, if an
independently Structure Stability Report is prepared by any
Government Institution, suggested by corporation other then
SVNIT, they are ready and will respect that Certificate.
Further, if requirement of repairs is suggested pursuant to a
fresh report, the petitioners are ready to do and shall also file
undertaking to that effect. Therefore, action of issuance of
Notice dated 01.04.2025 deserves to be quashed and set aside
and seal put, without any intimation on 31.07.2025, may be
opened.
4. Strenuously opposing the petition, learned advocate
Mr.Kaushal Pandya for respondent Nos.2 to 4, upon instruction
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of Mr.Sharadkumar Zalavadiya, Assistant Engineer, SMC, who
was present in the court, invited attention of this court to the
cause title of the petition and submitted that this petition may
not be equated with earlier round of litigation since in the
earlier round of litigation, there were 31 petitioners and here
there are only 21 petitioners. 10 petitioners have decided not
to join them in this petition. Moreover, petitioner Nos.7, 9,
10, 12, 13, 15, 19 and 21 are holding more than one flat and
therefore, second flat hold by them are vacant. Further, repairs
as undertaken before this court in earlier round of litigation,
were done in relation to the flats of their occupation and not
of the entire building. The report of SVNIT refers to
dilapidated structure of building.
4.1 Referring to Structure Stability Certificate of SVNIT,
Learned Advocate submitted that, SVNIT is a well-recognized
Institution of National repute and they carry out such report
on regular basis. As per SVNIT Certificate, entire structure is in
dilapidated conditions and repairs are needed of building as a
whole and not of individual flats, where the petitioners stay.
As against that, the Certificate produced by the petitioners
dated 02.04.2025 is of private Engineer, who had given
certificate earlier. Moreover, there are contradictions in two
reports of private engineer. Further, the validity of report is of
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one year. Since, respondent- corporation is concerned for the
safety and security of people of Surat City, notices were issued
to vacate the flats in question. Thus, action taken is in interest
of the petitioners and the people at large, and there is no
high-handed action, as alleged. The sealing of premises was
also done pursuant to Notice dated 01.04.2025.
4.2 At this stage, learned advocate Mr.Deshal Modi submitted
that he represents 24 other occupants of the flats in question.
They have already vacated the premises on account of
dilapidated condition of the flats in question.
4.3 Learned Assistant Government Pleader Mr.Sahil Trivedi
for respondent No.1 supported the submissions of learned
advocate Mr.Kaushal Pandya to submit that safety and security
of the citizens is prime consideration.
5. Considered the submissions and perused the documents
on record. Life of human is precious and it is primary
responsibility of the Municipal Corporation to menage safety
and security of the people of city. Thus, from the Notice dated
01.04.2025, it is clear that the corporation intimated the
petitioners of dilapidated condition of their flats and failure to
provide fresh certificate as directed earlier.
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6. It appears that pursuant to the order of this court dated
27.03.2023 in Special Civil Application No.4692 of 2023,
Certificate dated 22.09.2023 was produced by the petitioners,
which refers to periodical inspection and audit of the structure.
Validity of certificate was one year and therefore, the
certificate dated 22.09.2023 was valid up to 22.09.2024.
Admittedly, the petitioners failed in producing any fresh
Certificate of Structure Stability after 22.09.2024, and that
resulted into issuance of Notice on 01.04.2025. In response to
the Notice dated 01.04.2025, Structure Stability Certificate for
Building Nos.1, 2, 4 & 5 was produced dated 02.04.2025. The
said Certificate once again refers to Stability of the Buildings
for intended use. However, it does not specify that the entire
structure (building) including all the units are safe or
otherwise. Further, this Court is not in agreement with the
contention on behalf of the petitioners that they distrust the
Structural Report of SVNIT Surat. However, the stability of
structure of the flats in question is to be seen as on the date
and after the repairs, if any carried out by the petitioners',
following order is passed: -
(i) The Structure Stability Report of Building Nos.1, 2, 4 and
5 of Adinath Apartment, situated at Final Plot No.127
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paiki in Final T.P.Scheme No.18 (Katargam), Revenue
Survey No.529p, Surat, shall be done by any one of the
Government Approved Institution, as suggested by Surat
Municipal Corporation i.e (i)Gujarat Engineering Research
Institute (GERI), (ii) Design Circle, Gandhinagar, R & B
Department (iii) M.S.University. The report shall be
prepared after inspection as expeditiously as possible,
however, not beyond one month from the date of
depositing the cost of inspection and report by the
petitioners.
(ii) The cost shall be deposited by petitioners before the
corporation immediately, once the corporation gives the
name of the Institution, to carry out the Structure
Stability Report of the flats in question. For the said
purpose the respondent-Corporation will communicate to
one of the representative of the petitioners, immediately
upon receipt of this order.
(iii) The inspection of the flats in question, by institution
shall be done in presence of representative of the
petitioners as well as respondent -Corporation and before
such inspection, the Corporation shall inform the date
and time of inspection to one of the representatives of
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the petitioners.
(iv) The respondent-corporation is permitted to do service of
notice for inspection by affixture.
(v) The petitioners shall also file their individual Undertaking
including the time limit, within which they carry out
repairs of the building if so, suggested in the report.
(vi) The respondent-corporation is directed to remove the seal
of the flats in question and to start water, electricity and
sewage services, upon filing of their individual
undertaking before the corporation authority, to the effect
that intend to reside at the same place at their own risk
and consequences.
(vii) It is clarified that in case of default of the petitioners in
carrying out repairs as suggested by the institution in its
report, then the corporation is free to initiate fresh action
in accordance with law.
7. With the above directions, the present petition is
disposed of.
sd/-
(MAUNA M. BHATT,J)
DIPTI PATEL.../
