Gujarat High CourtAdministrative and Public LawProperty and Real Estate Law

A heritage-delisting decision made without a personal hearing was set aside.

FRENY PESI GINWALLAv.THE AHMEDABAD MUNICIPAL CORPORATION

A heritage-delisting decision made without a personal hearing was set aside.. FRENY PESI GINWALLA vs THE AHMEDABAD MUNICIPAL CORPORATION. Gujarat High Court. LawLens
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In brief

The question

Whether the Trust’s rejection of the petitioners’ representation without granting a personal hearing should be set aside and reconsidered.

The court held

The Court quashed the Trust’s communication dated 29 December 2025 and directed it to hear the petitioners’ representative and issue a fresh decision within ten weeks.

It also directed

Any decision to delist the property was also required to be made within that period.

The Court specified that these directions were confined to the particular facts and were not to be treated as precedent for other properties.

The petition was disposed of and the Rule made absolute to that extent.

01Facts

The petitioners sought removal of their property in Shahpur, Ahmedabad, from the heritage structures list, stating that the bungalow was dilapidated and required repairs.

pp. 2–4 · ¶ 4–6, 9

After their representation dated 19 September 2025 remained undecided, they obtained an order directing the Corporation to decide it in accordance with law.

pp. 2–4 · ¶ 4–6, 9

The Ahmedabad World Heritage City Trust rejected the representation on 29 December 2025 without granting a personal hearing.

pp. 2–4 · ¶ 4–6, 9

The petitioners challenged that communication.

pp. 2–4 · ¶ 4–6, 9

02Issues

i.Whether the Trust’s rejection of the petitioners’ representation without granting a personal hearing should be set aside and reconsidered.

pp. 3–5 · ¶ 7–9

ii.Whether the Trust should be directed to reconsider the representation within a specified period.

p. 5 · ¶ 9

03Law Applied

The Court identified no specific statute, regulation, or precedent as the basis for its decision.

p. 4 · ¶ 9

It proceeded on the procedural-fairness requirement that, in the circumstances of this case, the petitioners should receive an opportunity of personal hearing before the Trust reconsidered their representation.

p. 4 · ¶ 9

The Court also noted that the Trust has a separate procedure for declaring properties as heritage properties.

p. 4 · ¶ 9

04Reasoning

The Court observed that the Trust had rejected the representation after the earlier court direction but without hearing the petitioners.

pp. 3–5 · ¶ 7–9

Given the multiple issues raised in the representation, including the property’s condition and the existence of a high-rise building on the same land, the Court considered a hearing appropriate to resolve the matter.

pp. 3–5 · ¶ 7–9

It therefore ordered reconsideration after hearing the petitioners’ representative, without deciding whether the property should ultimately be removed from the heritage list.

pp. 3–5 · ¶ 7–9

05Holding

The Court quashed the Trust’s communication dated 29 December 2025 and directed it to hear the petitioners’ representative and issue a fresh decision within ten weeks.

pp. 5–6 · ¶ 9

Any decision to delist the property was also required to be made within that period.

pp. 5–6 · ¶ 9

The Court specified that these directions were confined to the particular facts and were not to be treated as precedent for other properties.

pp. 5–6 · ¶ 9

The petition was disposed of and the Rule made absolute to that extent.

p. 6 · ¶ 10
Gujarat High Court

Original Court PDF

FRENY PESI GINWALLAvsTHE AHMEDABAD MUNICIPAL CORPORATION

Gujarat High Court · October 15, 2026

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