Gujarat High Court
Bhadurali Kasamali Jivani vs State Of Gujarat on 7 August, 2025
NEUTRAL CITATION
C/SCA/10825/2025 JUDGMENT DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10825 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT sd/-
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Approved for Reporting Yes No
Yes
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BHADURALI KASAMALI JIVANI & ORS.
Versus
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. 1,2,3,4
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.
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 07/08/2025
ORAL JUDGMENT
1. This petition is filed seeking to quash and set aside the
Notice dated 04.06.2025 at Annexure "C" (Page-37) and
subsequent seal put on 10.07.2025 over the shops of
petitioners, situated at Final T.P. Scheme No.3 (Katargam),
Final Plot No.262, Municipal Ward No.15-D, Patel Faliyo,
Gotala Wadi, Katargam, Surat, (herein after referred as
'building in question').
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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 & 3.
3. Learned advocate Ms.Kruti Shah for the petitioners
submitted that the petitioners are tenants and occupiers of the
shops on ground floor of the building situated at Final T.P.
Scheme No.3 (Katargam), Final Plot No.262, Municipal Ward
No.15-D, Patel Faliyo, Gotala Wadi, Katargam, Surat
(hereinafter referred to as 'building in question'). All the
petitioners are tenants and occupiers of the shops and running
their small businesses in the building in question. For their
tenancy rights, they have entered into rent agreement with the
original owners and at present some dispute going is ongoing
in relation to their tenancy rights with the owners. However,
without putting the petitioners to any notice, the petitioners'
premises were sealed on the ground of its dilapidated
condition. This high-handed action of respondent-corporation,
of sealing the shops was without having any report of
structural engineer, which has resulted into closing of
businesses of petitioners, creating economic death.
3.1 Moreover, from the tenure of Notice dated 04.06.2025, it
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C/SCA/10825/2025 JUDGMENT DATED: 07/08/2025
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is evident that only portion of building in question is in
dilapidated condition. It is true that Notice dated 04.03.2025
was issued to the original owner. However, despite time
granted, original owners failed in providing Structure Stability
Report, resulted into sealing of the building in question putting
the present petitioners as occupiers into difficulties.
3.2 Further, after Notice dated 04.03.2025, to the owner of
the building in question, the owner served legal Notice dated
11.03.2025, to the present petitioners directing them to vacate
the shops within seven days. The said Notice was responded
by reply dated 24.03.2025, with copy to Corporation, however,
ignoring the reply, the building was sealed on the ground of
its dilapidated condition.
3.3 Moreover, the petitioners sought guidance from
respondent- Corporation by filing representation to get
Structure Stability Report in response to the Notice dated
04.03.2025. The petitioners independently also procured
Structure Stability Report dated 21.07.2025 (Page-50), of the
private engineer. Further, the petitioners are ready to repair
the building in question. Therefore, the respondent- corporation
may be directed to open the seal.
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3.4 Learned advocate further submitted that the respondent-
corporation has acted at dictates of the owner because the
owner wanted to vacate the building. Therefore, ill intention of
owner may not be permitted to be fulfilled, since it is a
private dispute between the parties.
3.4 In relation to incident of collapse of slab of third floor in
May,2025, learned advocate Ms. Shah submitted that
cognizance of the same may not be taken since it is not
forming part of record by way of affidavit.
3.5 Learned advocate lastly submitted that there are
perishable goods in the shops and if the petitioners are not
permitted to take out their goods, they will face difficulty in
running their businesses and therefore, respondent-corporation
may be directed to open the seal of their respective shops, to
take their goods/ belongings.
4. Strenuously opposing the present petition, learned
advocate Mr.Kaushal Pandya for respondent-corporation
submitted that allegations of favoring owner is beyond the
documents on record. Inviting attention of this court to the
Notice dated 04.06.2025 at Annexure "C" (Page-37), learned
advocate submitted that owner of the building was served with
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Notice regarding dilapidated condition of the building in
question with further directions to remove dilapidated structure
and also to get Structure Stability Report of approved
Structural Engineer by Municipal Corporation. Accordingly, 15
days' time was given to get the report.
4.1 Further, after Notice on 04.03.2025, third floor slab had
collapsed and therefore, the Corporation is required to initiate
action in accordance with law, which has been done in this
case. Learned advocate submitted that the respondent-
corporation being statutory authority is nowhere concerned
with the private dispute between the petitioners and owner.
Further, the building in question is situated on main road and
action taken is in accordance with law.
4.2 In response to the submission of Structure Stability
Report annexed at Annexure "G" (Page-49), learned advocate
Mr.Pandya submitted that corporation will not recognize
private Structure Stability Report.
4.3 In relation to submission of giving window to the
petitioners to take out goods / belongings, learned advocate
Mr. Pandya submitted that the same can be done by giving the
petitioners' 2- 3 hours' time on particular date.
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5. Considered the submissions and documents on record. It
is noticed that though the Notice was served to the owner of
the building in question on 04.03.2025, directing them to
remove the dilapidated structure and to get Structure Stability
Report of the Corporation approved Structural Engineer, this
petition is filed by the tenants of the building in question.
6. It is also noticed that pursuant to Notice dated
04.03.2025 under section 264 of GPMC Act, 1949, the owner
of the building gave legal Notice to the petitioners dated
11.03.2025 directing them to vacate the building. However,
this court is not concerned with the private dispute between
the parties. Further, this court is mindful of the fact of
collapsing of slab of third floor of the building in question
which is situated on the main road of Surat city. Further,
heavy reliance is placed by the petitioners on report dated
21.07.2025, of private Structural Engineer, wherein in
conclusion, it is stated as under :
"Conclusion:
After safe removal of the third floor and carrying out
necessary repairs, the remaining Ground + 2 floor RCC
structure is fit for continued safe use, subject to the
following:
* Repairs must be carried out strictly under
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supervision of a qualified engineer.
* Future vertical extension or any structural
modifications are not allowed without technical
approval.
* Any unauthorized changes shall be the
responsibility of the owner and occupiers; not the
structural engineer."
Therefore, it is certain that use of building in question
cannot be permitted without required repairs.
7. In view of the above following directions are issued:
(i) It is open for the petitioners to make an application to
the respondent-corporation for getting Structure Stability
Report of Sardar Vallabhbhai National Institute of
Technology, Surat (SVNIT) within a period of one week
from the date of receipt of this order.
(ii) Once such application is made, the same shall be
responded by the corporation immediately directing the
petitioners to make payment for such report and once
cost of report has been deposited with the corporation,
the corporation shall do the needful to get Structure
Stability Report at the earliest.
(iii) Considering the request on behalf of the petitioners that
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they may be permitted to take out their goods/
belongings from their respective sealed shops, respondent-
corporation is directed to open the seal on 11.08.2025
between 12:00 p.m. to 3:00 p.m. and the petitioners shall
be permitted to take out their goods/ belongings during
that period.
(iv) Once such Structure Stability Report is received by the
corporation, it is open for the corporation to act in
accordance with law.
8. With the above, the present petition is disposed of.
sd/-
(MAUNA M. BHATT,J)
DIPTI PATEL...
