Court directs inquiry into demolition procedure and grants petitioners liberty to claim compensation for losses during demolition
In a significant judgment dated October 27, 2026, the Gujarat High Court, presided over by Justice Nikhil S. Kariel, addressed a contentious issue involving the demolition of private property by a Gram Panchayat in Anand district. The petitioners, residents of Samarkha village, had their constructions demolished by the Gram Panchayat alleging encroachment on public road land. However, the Court found that the Gram Panchayat failed to adhere to the due process mandated under Section 105 of the Gujarat Panchayat Act.
The petitioners contended that although notices were issued by the Gram Panchayat, no final order or resolution authorizing the demolition was served upon them, and their objections were not duly considered. The Gram Panchayat argued that multiple notices had been issued, a resolution was passed on June 1, 2026, and a demolition notice was given on June 5, 2026. They maintained that the demolition was carried out lawfully.
The Court examined the facts, including a report from the District Inspector Land Records (DILR), Anand, which concluded that the demolished structures were indeed on public road land and not on private property. Despite this, the Court emphasized that the procedural safeguards under the Gujarat Panchayat Act were not followed. Specifically, the Gram Panchayat failed to serve the demolition resolution on the petitioners and did not properly address the petitioners' representations contesting the encroachment claims.
Highlighting the irregularities, the Court observed discrepancies in the dates and service of the Panchayat's resolution and noted that the demolition was executed without adequate communication of the decision. While acknowledging the Gram Panchayat's legitimate cause to remove encroachments, the Court underscored that the absence of due process warranted judicial intervention.
Consequently, the Court imposed costs totaling Rs. 1,20,000 on the Gram Panchayat, to be paid directly to the six petitioners (Rs. 20,000 each). Furthermore, the District Development Officer, Anand, was directed to conduct an inquiry into whether the demolition resolution was genuine or backdated, with instructions to take appropriate corrective action based on the inquiry's findings.
The Court also granted the petitioners liberty to approach the appropriate forum for compensation concerning the alleged loss of goods during the demolition, a matter disputed by the Gram Panchayat and beyond the scope of the writ petition.
This judgment reinforces the principle that even when public authorities have a valid reason to act, procedural fairness and adherence to statutory processes are paramount. Demolition of private property without following due process under Section 105 of the Gujarat Panchayat Act is impermissible and attracts judicial scrutiny and penalties.
Bottom Line:
Demolition of private property by Gram Panchayat without following due process of law is not permissible. Costs imposed on Gram Panchayat for procedural lapses, and liberty granted to petitioners to approach appropriate forum for compensation.
Statutory provision(s):
Constitution of India Article 226, Section 105 of the Gujarat Panchayat Act
Bharatbhai Maganbhai Patel v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 3017443
