On Thursday, in a crucial intervention on urban land use, the Gujarat High Court stayed the potential sealing of residential properties being converted into commercial premises, emphasising procedural fairness and the pending applications before authorities. The Court stepped in to ensure that property owners are not subjected to coercive action before their applications for change of use are considered.
The case began when petitioners, who acquired residential premises through registered conveyance deeds from original allottees, faced notices threatening sealing for unauthorised commercial use. Counsel for the petitioners argued that applications for change in use were already pending before the Gujarat Housing Board and that premature sealing or coercive action would be illegal.
Respondents, however, maintained that the properties were originally allotted for residential purposes and conversion without permission, including encroachments on public land, violated the allotment terms.
The Court observed that “all the residential premises are being turned into commercial premises without there being any prior permission” and noted allegations of encroachments and constructions beyond original permissions. Balancing the interests, the Court directed petitioners to either pursue existing applications or file fresh ones within seven days and ordered authorities to decide these applications expeditiously, within two weeks.
Crucially, the Bench clarified that no sealing or coercive action shall be taken until the applications are finally disposed of.
Case Title: Rohit Vallabhabhi Vasani & Ors. Vs. State of Gujarat & Ors.
Case No.: R/Special Civil Application No. 206 Of 2026
Coram: Hon’ble Mrs. Justice Mauna M. Bhatt
Advocate for the Petitioner: Adv. AJ Yagnik, Aishwary B. Gupta
Advocate for the Respondent: Advs. G H Virk, S H Virk, Jagrat Shah, Nency Sheth, Riya Navin, Sahil Trivedi
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