‘High-handed action’: Gujarat HC directs status quo on demolition in Palanpur gamtal land
The petitioners also contended that the authorities initiated the action of removal of encroachment without “any measurement by DILR Authority”, simply taking recourse to a December 23, 2025 order of the HC in another petition pertaining to encroachment in a Gauchar land in Palanpur.
3 min readVadodaraUpdated: Jan 7, 2026 09:46 PM IST
Stating that the December 23, 2025 order pertained to a case involving the Gauchar lands, the court also directed the Talati-and-Mantri to file an affidavit justifying his action and encroachment on Gamtal land. The court will hear the matter on February 9.
STATING THAT the move to raze a sanitation facility from a plot of Gamtal land — without measurement or authenticated document — was “high-handed action” by the Taluka Development Officer (TDO) of Palanpur, the Gujarat High Court (HC) on Monday directed the authorities to maintain status quo until the next date of hearing on February 9.
HC Justice Mauna M Bhatt was hearing a petition filed by 11 individual land owners on a Gamtal plot in Palanpur, who were issued separate notices by the authorities in December alleging encroachment in connection with the Gamtal land. The petitioners contended that they were land owners by way of Sanad, the oral order of the court noted.
The petitioners contended that the allegation of encroachment on Gamtal land was “erroneous” as the sanitation facility has been constructed within the land given to the petitioners by way of Sanad (agricultural land that has received official government approval — a Sanad certificate — to be converted for non-agricultural use).
The oral order of the court noted the submissions made by the advocate representing the petitioners, “The construction done was within the land given to the petitioners by way of Sanad and what is intended to be demolished is the sanitation facility which the petitioners had constructed pursuant to the grant by government under ‘Swachh Bharat Mission’. The document justifying the grant given by the government for construction of the sanitation facility is also on record. Therefore, the action taken, being illegal, deserves to be quashed and set aside.”
The petitioners also contended that the authorities initiated the action of removal of encroachment without “any measurement by DILR Authority”, simply taking recourse to a December 23, 2025 order of the HC in another petition pertaining to encroachment in a Gauchar land in Palanpur.
Advocate R B Thakor, who appeared for the respondent authorities – DDO and TDO of Palanpur – submitted that the action had been initiated on the basis of a December 23, 2025 order of the Gujarat HC and the TDO had directed the Gram Panchayat to initiate action on December 24, 2025. The advocate also submitted that “a survey has been conducted by the Gram Panchayat, thereafter initiating removal of encroachment.”
Referring to the cited direction of the Gujarat HC in case of the Gauchar land, the court, in its oral order, said, “This court is of the opinion that such high-handed action on part of TDO taking recourse to the order (dated December 23, 2025) is unwarranted. Without measurement, action taken cannot be stated to be in accordance with law, when the documents of Sanad allot the area of land available in favour of the petitioners.”
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Stating that the December 23, 2025 order pertained to a case involving the Gauchar lands, the court also directed the Talati-and-Mantri to file an affidavit justifying his action and encroachment on Gamtal land. The court will hear the matter on February 9.
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
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