4 min readVadodaraJun 15, 2026 02:25 PM IST
First published on: Jun 15, 2026 at 02:25 PM IST
The Gujarat High Court Monday granted former India cricketer and Trinamool Congress MP Yusuf Pathan four weeks’ time to pursue his claim under a state policy for allotment of land to international cricketers, while orally warning that any delay would increase the damages payable for his continued occupation of a Vadodara Municipal Corporation (VMC) plot.
The observations of the Division Bench of Chief Justice Sunita Agarwal and Justice D N Ray came after Senior Advocate Shalin Mehta, appearing for Pathan, sought time to pursue relief under a 1999 Gujarat Government policy.
Mehta pressed for three to four weeks’ time, stating that the cricketer had decided to pursue the case under the existing policy. “We have brought the policy on record, and we are hopeful that under the policy, since we are entitled and other cricketers have been given the benefit, we too will be given the same,” he informed the court.
Orally responding to the request, the bench stated that any delay could increase Pathan’s financial liability. “Whatever time you are taking, be mindful of the fact that the more time you take, the more damages you have to pay,” the bench said.
The bench also orally noted that, even if Pathan ultimately obtained relief under the policy, damages for the period of occupation would still have to be assessed.
The bench also orally conveyed to the Government Pleader, G H Virk, that occupation of public land without legal authority cannot be treated as ordinary use, and that the period of occupation must be factored into the damages.
“The period during which occupation continues without any authority of law will not be treated as a normal period… That period has to be taken into account as use and occupation of public land without authority of law.”
The court further orally observed that such damages may have to be punitive in nature.
Previous hearing in Yusuf Pathan case
During an earlier hearing on June 8, the court orally noted that Pathan had occupied the premises from 2014 onwards despite there being no final decision in his favour, observing that he had continued to occupy the land “without paying a single penny.”
The court indicated that even if the government subsequently passed an order in his favour, damages would still have to be calculated at the current market value.
On June 8, the court also questioned how Pathan could take possession of public land without completing the allotment formalities or payment, while indicating that continued occupation without legal authority could attract damages for the use and occupation of public property.
The case arises from Pathan’s challenge to an August 2025 single-judge order that upheld the Gujarat Government’s decision to reject his request for allotment of a 978 square metre VMC plot in Vadodara’s Tandalja area on a 99-year lease.
The dispute traces back to a 2012 application by Pathan seeking allotment of the land under a state policy for international sportspersons. While the VMC Standing Committee and General Board had cleared the proposal and forwarded it to the state government, the Urban Development Department rejected it in June 2014.
Following his election as a Trinamool Congress MP from Baharampur in June 2024, the Vadodara Municipal Corporation issued a notice asking Pathan to clear what it termed an encroachment on the plot. The civic body later alleged that Pathan had fenced the land and continued to occupy it without paying the prescribed charges.
The plot is located adjacent to the family residence of Yusuf and Irfan Pathan in Tandalja.
The case arises from Yusuf Pathan’s challenge to an August 2025 high court order that upheld the Gujarat Government’s decision to reject his request for allotment of VMC plot in Vadodara. (File Photo) 
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