On Friday, the Gujarat High Court, while exercising its writ jurisdiction under Article 226 of the Constitution of India, has granted interim protection to property owners who were facing proposed sealing of their premises on the allegation of unauthorised change in use from residential to commercial.
The Petition was filed challenging a notice issued by the competent authority proposing sealing of the premises on the ground that the use of the property had been altered without prior permission, in breach of the terms of allotment made by the Gujarat Housing Board. The notice further directed the stoppage of the alleged unauthorised use.
The Petitioners contended that although the original allotment by the Gujarat Housing Board was for residential purposes under the applicable housing regulations framed under the Gujarat Housing Board Act, 1961, the properties had subsequently been transferred to them through registered conveyance deeds. The counsel argued that applications seeking permission for change in use, as contemplated under the relevant housing and town planning regulations, were already pending before the authority. According to the petitioners, initiating sealing action before deciding such applications violated principles of natural justice.
The State authorities opposed the petition, submitting that the original allotment conditions strictly restricted the use of the premises to residential purposes and that commercial activity was impermissible without express approval. It was further alleged that the petitioners had carried out unauthorised construction and encroachment, including construction over a public road, contrary to municipal and town planning laws, including the provisions of the Gujarat Town Planning and Urban Development Act, 1976. The authorities, however, clarified that no sealing had actually been carried out as of the date of hearing.
After considering the submissions, the High Court observed that conversion of residential premises into commercial establishments without prior permission was a recurring issue and required strict regulatory scrutiny. At the same time, the Court emphasised that administrative action affecting property rights must follow due process.
Accordingly, the Court directed the petitioners to submit fresh or pursue pending individual applications for change in use before the Gujarat Housing Board within seven days. The respondents were directed to decide such applications expeditiously, preferably within two weeks, in accordance with law and the applicable statutory framework. Recording the statement made on behalf of the authorities, the Court further directed that no coercive action, including sealing of the premises, shall be taken until the applications are decided.
With these directions, the writ petition under Article 226 was disposed of, leaving the merits of the change-of-use request to be adjudicated by the competent authority under the relevant Acts and regulations.
Case Title: Rohit Vallabhabhi Vasani & Ors. V/S State Of Gujarat & Ors.
Case No.: R/SCA/206/2026
Coram: Hon’ble Mr Justice Mauna M. Bhatt
Counsel for the Appellant: Adv. A. J. Yagnik with Adv. Aishwary B. Gupta
Counsel for the Respondent: Government Pleader G. H. Virk with Adv. Sh. Virk, Adv. Jagrat Shah, Adv. Nency Sheth and Adv. Riya Navin, Asstt. Government Pleader Sahil Trivedi
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