FRENY PESI GINWALLA vs THE AHMEDABAD MUNICIPAL CORPORATION
- Court
- Gujarat High Court
C/SCA/5331/2026 JUDGMENT DATED: 15/10/2026
(GJHC240269602026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5331 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
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Approved for Reporting Yes No
✔
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FRENY PESI GINWALLA & ORS.
Versus
THE AHMEDABAD MUNICIPAL CORPORATION & ANR.
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Appearance:
MR AB MUNSHI(1238) for the Petitioner(s) No. 1,2,3,4
G H VIRK(7392) for the Respondent(s) No. 1,2
MR SIMRANJITSINGH H VIRK(11607) for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 15/10/2026
ORAL JUDGMENT
1. Rule, returnable forthwith. Mr. G.H.Virk, learned
advocate waives service of notice of rule on behalf of
respondents.
2. This petition if filed seeking direction to quash and set
aside communication dated 29.12.2025, issued by the
Ahmedabad World Heritage City Trust, a Trust of the
Ahmedabad Municipal Corporation-respondent No.2, wherein
the representation of the petitioner to delete the property
bearing City Survey No. 3544/A/3 of Mouje: Shahpur, Ward-3
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of Ahmedabad, from the heritage structures list, came to be
rejected.
3. Heard learned advocate Mr. A.B. Munshi for the
petitioners and learned advocate Mr. G.H. Virk for the
respondent-Ahmedabad Municipal Corporation.
4. The brief facts leading to the filing of the present writ
petition are as under:
4.1 It is the case of the petitioner No.1 that she is a lady,
aged around 96 years and staying alone with the petitioner
Nos. 2 to 4 in the property situated at City Survey No. 354/A
of Shahpur-2 Ward, Ahmedabad.
4.2 It is the case of the petitioner that the Bungalow of the
petitioner is situated in City Survey No. 3544/A/3, 3544/A/5 to
3544/A/10 and is in dilapidated condition and requires
repairs. It is further the case of the petitioner that the
property being put in heritage list, the petitioner is not in a
position to do needful with regard to the bungalow.
5. In view of the aforementioned factual aspects, the
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petitioner made her representation on 19.9.2025 for deleting
the property from heritage list. It is the case of the petitioner
that all the details with regard to the property as well as all
the pictures were annexed along with the representation.
However, when the representation was not decided or acted
upon, the petitioner preferred a writ petition before this
Court, which came to be numbered as Special Civil
Application No. 15628 of 2025. This Court vide order dated
27.11.2025, which is appended at Page-99 of the paper-book,
directed the respondent-Corporation to decide the
representation dated 19.9.2025, in accordance with law and
with observations made in the order dated 27.11.2025.
6. Upon the direction given to the respondent Corporation,
by way of impugned order dated 29.12.2025, the
representation of the petitioner came to be rejected by
Ahmedabad World Heritage City Trust.
7. Mr. A.B. Munshi, learned advocate for the petitioners
submitted that even though the Trust has decided the
representation preferred by the petitioner pursuant to the
order passed by this Court, an opportunity of hearing was not
granted to the petitioners. It was further submitted that there
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are many factors like existence of high-rise building on the
very same land, dilapidated condition and other history with
regard to the existence of the Bungalow and, therefore, it was
incumbent upon the Trust, in peculiar facts of the case, atleast
to accord an opportunity of hearing to the petitioner before
deciding the representation.
8. Per contra, Mr. G.H. Virk, learned advocate for the
Corporation admitted to the fact that existed high-rise on the
same land related to the petitioner and that fact is not in
dispute. However, the representation was decided subsequent
to the order passed by this Court in Special Civil Application
No. 15628 of 2025.
9. After hearing the parties at length and perusing the
material on record, the fact is not in dispute that subsequent
to the directions given by this Court by way of order dated
27.11.2025, the representation of the petitioner was rejected
without according any opportunity of personal hearing to the
petitioner. A separate procedure is envisaged by the World
Heritage Trust for declaring the property as heritage
property. However, in the instant case, multiple issues were
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agitated to consider the representation of the petitioner.
Multiple issues raised was the reason for this Court to send
the matter back for consideration. According to the humble
opinion of this Court, the controversy can be narrowed down
and end of justice would meet if an opportunity of hearing is
granted to the petitioner and following directions are issued:
i) In continuation of representation dated 19.9.2025,
the Ahmedabad World Heritage City Trust would grant
an opportunity of hearing to the representative of the
petitioner;
ii) The opportunity of hearing and the exercise of
subsequent outcome pursuant to the hearing, would be
declared within a period of ten (10) weeks from the date
of passing of this order. Even if at all Trust comes to the
conclusion of de-listing, it has to be done within the time
frame;
iii) As the exercise undertaken is in the peculiar facts
of this case and pursuant to the order passed by this
Court in Special Civil Application No. 15628 of 2025
dated 27.11.2025, the direction given hereinabove are
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not to be considered as precedent for any other
property, which is subject matter of consideration by
Ahmedabad World Heritage City Trust, to declare
heritage property;
iv. In view of the direction given hereinabove, the
impugned communication dated 29.12.2025 is quashed
and set aside and a fresh order/ communication is
required to be issued by Ahmedabad World Heritage
City Trust, after according an opportunity of personal
hearing to the petitioner.
10. Learned advocates for both the parties have candidly
agreed to comply the time bound direction given by this Court
and has submitted that endeavour would be made to comply
with the directions given by this Court.
The present writ petition is disposed of accordingly. Rule
is made absolute to the aforesaid extent.
(PRANAV TRIVEDI,J)
SAJ GEORGE
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