PEOPLE UNION FOR CIVIL LIBERTIES THRO GENERAL SECRETARY vs STATE OF GUJARAT THRO SECRETARY

C/WPPIL/35/2013 (GJHC240430362013) JUDGMENT DATED: 02/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 35 of 2013
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PEOPLE UNION FOR CIVIL LIBERTIES THRO GENERAL SECRETARY &
ORS.
Versus
STATE OF GUJARAT THRO SECRETARY & ORS.
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Appearance:
MR MANOJ SHRIMALI(2331) for the Applicant(s) No. 1,10,11,2,3,4,5,6,7,8,9
MS. HETAL PATEL, AGP for the Opponent(s) No. 1,3,4
MR HS MUNSHAW(495) for the Opponent(s) No. 2
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CORAM: HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 02/09/2026
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
1. The present Public Interest Litigation has been filed by
11 persons seeking to agitate the cause of 164 persons whose
names are indicated in the list appended as Annexure ‘A’ to
the writ petition in two parts, namely part 1 and part 2.
2. The petitioners herein are enjoying an interim order of
this Court for more than a period of 12 years while occupying
Survey No. 769 in the periphery of Aslali Lake, situated in
Taluka Daskroi, District Ahmedabad.
3. By means of the order dated 04.02.2026, this Court,
while noticing that the existing huts/residential units
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constructed by petitioners are illegal encroachment over the
Government land, has issued directions that the District
Collector shall constitute a committee comprising of officials
of the Revenue Department/local administration to examine
the claims of the petitioners of belonging to labour class/poor
strata of society and whether they are entitled for
rehabilitation under the prevalent Government policy, such as
the policy of rehabilitation of the slum dwellers.
4. The occupants of the hutment/residential units
constructed over the land in question were required to
produce documents establishing their identity and
employment, such as Aadhaar card along with all necessary
documents, namely ration card, voter ID, water and electricity
bills, if any, to establish that they are the original occupants of
the land in question. Each of the hutment dweller was
directed to file these documents along with their individual
applications with the prayer to seek rehabilitation.
5. On such applications being filed before the Committee
so constituted by the Collector, direction was issued to inquire
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into the claims of each of the hutment dweller/occupant and
to decide the same by passing a reasoned and speaking order
strictly in accordance with law.
6. It is brought before us that pursuant to the order dated
04.02.2026, a site inspection of Survey No.769 (periphery of
the Aslali Lake) was conducted in the presence of the
committee members and 134 encroachers residing in semi-
permanent and temporary shelters were found on the spot.
They were apprised of the proceedings and directed to
produce the proof of their residence along with the necessary
documents as directed by this Court.
7. The notices were served personally upon 134
encroachers by the Talati-cum-Mantri, who were directed to
remain present in the proceedings, hearing of which started
from 29.04.2026. Along with the affidavit of the Mamlatdar
filed in compliance of the order dated 15.04.2026, it was
brought on record that 178 occupants were granted personal
hearing by the Chairman and Member Secretary of the
Inquiry Committee on the scheduled dates individually,
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wherein they produced their respective documents, and the
Committee proceeded to inquire their claim of being eligible
for rehabilitation under the prevailing policy.
8. Taking note of the fact that when 134 encroachers were
found on the spot during the visit by the Inquiry Committee,
how 178 occupants were permitted to participate in the
hearing, we posted the matter for filing a personal affidavit of
the Collector to bring the decision taken in the matter of
removal of encroachment, if any, and rehabilitation of the
occupants, if required, in accordance with law.
9. Along with the affidavit of the Collector dated
20.07.2026, it is brought on record that out of 164 petitioners
whose individual claims were adjudicated, a total of 54
petitioners have been verified as belonging to the
marginalized labour class and are actively residing at the site.
For the remaining petitioners, primary burden of proof has
not been discharged and it remains unestablished that they
belong to the labour class or are genuine residents of the
subject locality. The individual cases of each of 164
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petitioners has been decided by passing a reasoned and
speaking order as stated in the affidavit of the Collector.
10. It is further submitted that since the occupants of Survey
No.769 (periphery of Aslali Lake) cannot seek rehabilitation as
they are encroachers on public water bodies and that none of
the housing schemes would be available to them as they do
not satisfy the eligibility criteria prescribed therein.
11. It is also submitted in the said affidavit of the Collector
that Survey No. 769 at Mouje Aslali, Taluka Daskroi, is
recorded in the Revenue record as Kharaba Talav (wasteland,
lake/pond), as is clear from the extract of Village Form No. 7
filed as Annexure ‘R2’.
12. As per the Government Resolution dated 27.08.2001,
which mandates absolute conservation, preservation, and
development of all natural water bodies, lakes, and Kharaba
ponds within the State, irrespective of their current physical
or dilapidated conditions, the encroachments once detected, it
becomes the duty of the State administration to take summary
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legal action to set the removal of encroachment into motion
immediately. The State administration is duty-bound to
maintain constant vigil to ensure that no encroachment of any
nature takes place on any public water bodies.
13. The further contention is that since the land in question
falls within the definition of public lake/water body, it is the
duty and responsibility of Ahmedabad Urban Development
Authority (AUDA) to restore it to its original position by
removal of encroachment, inasmuch as, the peripheral area of
the lake is also earmarked for laying of a public road under
AUDA's draft Town Planning (TP scheme). It is critically
required for public utility and environmental rejuvenation by
AUDA to restore the water body and the peripheral area of
the water body to its original status.
14. Taking note of the aforesaid affidavit, we have passed an
order dated 22.07.2026 recording that the petitioners cannot
continue to occupy the land in question for the same being a
pond wasteland (Kharaba Talav) and they are liable to be
evicted. It was observed that the petitioners cannot seek
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continuance of their possession over the land in question or
regularization of their occupation, and as such the inquiry
which is directed towards finding out whether the petitioners
are residents of the land in question is only misdirected. This
Court has also noted that the eviction notices issued in the
year 2012 are to be given effect to by the competent authority
and the petitioners are liable to be evicted from the land in
question, as none of the petitioners can claim any right to
retain possession of the land for the same being a water body.
15. However, in order to address the concern of the
petitioners seeking for rehabilitation as slum
dwellers/hutment dwellers belonging to marginal sections of
the society, we have directed the Chief Executive Officer,
AUDA, to conduct an inquiry at its own end so as to ascertain
whether the petitioners, being landless/homeless persons, are
entitled to the benefit of the slum rehabilitation scheme of the
state.
16. We have also noted that in the affidavit of AUDA filed in
the year 2015, an indication was given to the effect that for
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allotment of residential units for economically weaker sections
by AUDA, the petitioners may apply in accordance with the
scheme of AUDA. We, therefore, directed that each of the
petitioners shall file their individual applications for allotment
against the available scheme, which was directed to be duly
dealt with by the Chief Executive Officer, AUDA, or the State
Officer, AUDA, as the case may be.
17. In the personal affidavit of the Chief Executive Officer,
AUDA, dated 27.08.2026, a categorical statement has been
made to the effect that in total only 120 occupants have
submitted their representations to AUDA for allotment of
residential units. They were communicated in writing on
19.08.2026 about the availability of 95 residential units in a
scheme of AUDA known as “Ayodhya Nagari”, developed on
Revenue Survey No. 769 of Zundal for economically weaker
sections, and that they are required to submit their online
forms on or before 31.08.2026. None of the 120 applicants
had submitted their applications online in spite of clear
communication made to them on 19.08.2026, as is admitted
by the learned Counsel for the petitioners herein.
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18. The stand of the Chief Executive Officer, AUDA, in his
affidavit is that the staff members of AUDA have visited the
site on 21.08.2026 and served the communication dated
19.08.2026 to those who were present and even posted the
said communication at public places clearly stating that
interested applicants have to apply Online on or before
31.08.2026 and thereafter computerized draw for allotment of
residential units would be held. None of them have applied so
far.
19. It is also brought on record in the affidavit of the Chief
Executive Officer that in the scheme known as ‘Ayodhya
Nagari’ at Zundal consisting of 1,120 residential units, 1025
units have already been allotted to eligible applicants after a
computerized draw. 95 residential units were kept reserved
pursuant to an administrative order owing to Court
proceedings, and now an advertisement dated 16.07.2026 has
been issued inviting Online forms for 95 residential units. The
last date of submission of the online application form in the
said advertisement was 31.08.2026.
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20. Taking note of the fact that the present petition has been
filed on behalf of 164 persons by the petitioner No. 1, namely
People's Union for Civil Liberties, without any disclosure of
the status of the said organization. The only assertion in
paragraph No.2.1 of the writ petition is that People's Union
for Civil Liberties is an all-India body, and it has different
branches in different States of India, and it works largely for
citizens of India to ensure that their basic human rights are
preserved.
21. For the cause agitated by petitioner No.1 in the present
writ petition, which is a body constituted with the aim and
object of preservation of basic human rights, as stated in the
writ petition, it is difficult to accept that as to how such an
organization would agitate the right of persons who are sheer
encroachers of a water body/periphery of the water body.
Preservation of a water body and our environment is one of
the facets of human rights, and the cause agitated in the
present petition by challenging the show cause notices issued
to the encroachers of a water body, is in fact against the
object of the petitioner No.1, as is evident from their
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assertions in the writ petition.
22. It is also pertinent to note that 164 persons whose cause
is being agitated in the writ petition have remained in illegal
possession of the Government land which is in the periphery
of a water body, namely Aslali Lake and is a very crucial area
for preservation of the water body, for a period of about 13
years, under the interim order of this Court, and no effort has
been made by the petitioner No.1 organization so far to
resolve the issue by engaging with the local authority, namely
AUDA, for remedying the situation of competing human
rights; i.e. basic human rights of the citizens for clean
environment by preserving our natural/manmade public
resources and the right of individual for shelter in affording
housing schemes.
23. In so far as the role of AUDA is concerned, it is duty-
bound to preserve the water body within the area of its
jurisdiction. The interim order passed by this Court came in
the way of AUDA even during the course of development of
Aslali Lake which has been undertaken during the pendency
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of the present writ petition.
24. In spite of all these facts and circumstances of the case,
due indulgence was shown by this Court by giving
opportunities to the occupants twice to represent their case
before the competent authority. First opportunity was given
before the Committee wherein during the course of inquiry,
only 54 occupants out of 164 persons herein could be
identified as persons belonging to the marginalized labour
class, whereas 110 did not produce any document to show
that they are occupying the area in question for a long time or
they belong to the marginalized section of the society entitled
to rehabilitation under the Government scheme framed for
slum dwellers/hutment dwellers.
25. Second opportunity was granted to the petitioners
herein for filing their representation before AUDA seeking
allotment of residential units constructed by AUDA for weaker
sections of the society. As noted hereinbefore, only 120 out
of 164 persons herein had submitted their representations in
writing under the order passed by this Court. When these 122
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persons were intimated about the requirement of submitting
an Online application on or before 31.08.2026 personally by
the staff members of AUDA by serving them the
communication dated 19.08.2026, individually, none of them
have admittedly applied for allotment of residential units in
the scheme of AUDA known as ‘Ayodhya Nagari’ for
economically weaker sections of the society by the last date,
i.e. 31.08.2026.
26. The subject matter of the present writ petition is a water
body, namely, the Aslali Lake, which is in a town of the
District Ahmedabad. Judicial notice can be taken of the fact
that during heavy downpour, particularly during monsoon, a
lake in the middle of the town is crucial to storm water
drainage. Due to the encroachment in the periphery of the
lake as it is evident from the documentary evidence on record,
it is clear that the illegal occupants on the aforesaid water
body have been impeding the aforesaid process of drainage
for more than a decade. The direct and inevitable result, apart
from the adverse effect on the ecology of the water body,
would also be for these illegal occupants to be a cause for
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water-logging in the surrounding areas due to prevention of
effective drainage. The consequence of the water-logging is
the spread of parasite-borne and other diseases and
disruption of life for thousands of residents in the vicinity of
the said water body. In other words, the basic human rights of
the residents around the water body are imperiled by these
illegal occupants. Thus, this Court must consider the
competing human rights of those affected by the action of the
illegal occupants as well as inaction on the part of AUDA in
failing to actively provide a resolution to this problem.
27. It is, thus, evident that none of the occupants of the land
in question, namely Revenue Survey No.769, Mouje: Aslali,
Taluka: Daskroi, District: Ahmedabad, which is a water
body/pond wasteland (Kharaba Talav) reported in the Revenue
records, are bonafide occupants of the land in question. They
are sheer encroachers of the Government land which is in the
periphery of a water body and is crucial for the maintenance
of the water body for more than a period of 13 years. For the
facts noted hereinabove, none of the applicants are entitled to
further indulgence of this Court.
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28. We, therefore, dismiss the writ petition outrightly with
the further directions to AUDA to remove all kinds of
encroachment over Survey No.769 (periphery of Aslali
Lake/Kharaba Talav) within a period of two weeks from today
by taking appropriate action while maintaining law and order
situation on the spot. The Collector and the Superintendent of
Police of the District shall provide necessary aid and
assistance to the Chief Executive Officer, AUDA to carry out
this operation within a period of two weeks.
29. After the aforesaid portion of the order was dictated in
Court as a final opportunity as well as to test the bonafides of
the persons affected by our order, we proposed to the Counsel
for the petitioners that in spite of the time for filing the
aforesaid Online Applications had expired on 31.08.2026, we
would extend the time by a further three days from today so
that every occupant may get another opportunity to apply for
an accommodation as per the extant scheme, provided they
would file an undertaking before this Court that after the
expiry of two weeks as stated hereinabove, the petitioners will
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peacefully hand over the vacant possession of the land in
question to the respondent-authority. Accordingly, Mr.
Shrimali requested that the matter may be kept post lunch at
2:30 p.m. so that he could obtain suitable instructions from
his client. Eventually the matter was taken up at 4.00 p.m.
when Mr. Shrimali conveyed to us that the concerned
incumbents did not propose to avail of such opportunity. To
our mind the aforesaid stand of these illegal occupants speaks
volumes about their utter lack of bonafides and provides
further justification for our observations made hereinabove.
30. The compliance affidavit placing on record the removal
of encroachment and restoration of the land in question to its
actual status shall be filed before this Court through the
Registrar General of the High Court within a period of three
weeks from today.
Dismissed, accordingly.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
BINA SHAH
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