Gujarat HC rejects Asaram Bapu's plea, allows govt to reclaim encroached land

Ahmedabad, April 17 (IANS) The Gujarat High Court on Friday dismissed an appeal filed by the Asaram Ashram Trust in a long-running land dispute in the Motera area in Ahmedabad, upholding orders to resume the land and clearing the way for the state government to take possession of more than 45,000 square metres of prime land.

A division bench comprising Chief Justice Sunita Agarwal and Justice D.N. Ray affirmed an earlier judgment delivered by a single judge, which had upheld the Ahmedabad Collector’s order to take back the land on grounds of breach of allotment conditions and encroachment.

The bench found that the Ashram had “repeatedly breached” government conditions and that “no question of regularisation of illegal occupation arises”.

The land was originally allotted decades ago for limited religious purposes, measuring around 33,980 square metres.

According to the state, the Ashram expanded its actual possession to nearly 50,000 square metres.

Government submissions relied on GPS-based and satellite mapping to demonstrate that the occupation extended onto adjoining government land as well as land forming part of the Sabarmati riverbed.

In its observations, the court stated that the petitioner had engaged in persistent violations and held that “no equity lies in favour of the petitioner in the facts of the case”.

It further made clear that river land “cannot be regularised under any circumstances”.

Appearing for the state, government pleader G.H. Virk submitted that the action to reclaim the land followed a detailed process involving notices, inspections and more than 20 hearings.

He told the court that applications filed by the Ashram seeking regularisation of unauthorised constructions amounted to an admission of such violations.

He also informed the bench that fresh action would be initiated under Section 202 of the Land Revenue Code, with a new notice to be issued for taking back possession.

The Ashram had sought a four-week stay on the operation of the order to enable it to approach the Supreme Court.

The bench indicated that any interim relief would be conditional upon the filing of an undertaking to vacate the land.

No stay was granted after the state assured the court of further statutory action to recover possession.

The court’s decision follows a legal challenge mounted by the Ashram against the Collector’s order, which had earlier been upheld by the single judge in February.

The matter had also been examined in proceedings before revenue authorities and the Gujarat Revenue Tribunal.

The land in question is located adjacent to the Narendra Modi Stadium and the Sardar Patel Sports Complex in Motera.

State authorities have indicated that recovery of the land is significant for planned sports infrastructure in the area, which has been identified for development linked to prospective hosting of the 2030 Commonwealth Games and longer-term Olympic planning.

With the dismissal of the appeals, the state government is now expected to proceed with the process of reclaiming possession of the land in accordance with the law.

--IANS