The Gujarat High Court has upheld the state's demolition drive at Chandola Lake in Ahmedabad, ruling that the construction on the lake was unauthorized and no rehabilitation is warranted for the affected parties. The judgment came on April 29, 2025, in response to a petition filed by 18 individuals who sought relief against the demolition carried out a day earlier.
The petitioners claimed the demolition violated their fundamental rights and breached the principles of natural justice. They emphasized their long-term residence in the area—spanning over 60 years—and requested the court to stop further demolition until they were provided alternative accommodation under the state’s rehabilitation policies.
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The court, however, rejected their plea.
“Chandola Lake is a water body, and on a water body, no construction can be permitted,” stated Justice Mauna M. Bhatt, citing an affidavit submitted by the authorities confirming the lake’s status as a notified government-owned water reservoir.
The petitioners argued that no official demarcation had been done under the Coastal Regulation Zone (CRZ) Notification to establish that their homes were on the water body. They also claimed that no notices were issued before the demolition began, violating the principle of natural justice. However, the court found these arguments unconvincing.
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Quoting a Supreme Court directive, the court emphasized:
“These directions will not be applicable if there is an unauthorized structure in any public place such as road, street, footpath, abutting railway line, or any river body or water bodies.”
Thus, the court concluded that prior notice was not mandatory in this case since the land in question is a protected water body.
The petitioners also relied on documents like Aadhaar cards, electricity bills, and ration cards to prove occupancy. But the court clarified that such documents did not prove legal ownership or permission to build.
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“Nothing has been produced to justify the construction of premises with some permission,” the court noted.
Referring to Section 37 of the Gujarat Land Revenue Code, the court reiterated that land under water bodies is government property, and construction on it is illegal.
The court also addressed the argument related to fundamental rights under Articles 14 and 21 of the Constitution. While Article 21 guarantees the right to life, including shelter, the court clarified:
“The petitioners cannot claim a vested right for resettlement and rehabilitation on the very subject premises, which, at the cost of repetition, is a water body—government land.”
As for the petitioners’ request for alternative housing under the state’s rehabilitation scheme, the court said they may apply individually with proper documentation, and the authorities will consider their cases per the law. However, it rejected the request to halt demolition until such arrangements are made.
“Such restraint would amount to perpetuating illegal occupation, which is against the principles of law,” the court held.
While the court allowed time until June 19 for the petitioners to file a rejoinder, it did not issue any interim relief.
Case title: FULJAHA NOORMOHAMMED SHAIKH & ORS. Versus STATE OF GUJARAT & ORS.
