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, 9After 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, 9The Ahmedabad World Heritage City Trust rejected the representation on 29 December 2025 without granting a personal hearing.
pp. 2–4 · ¶ 4–6, 9The petitioners challenged that communication.
pp. 2–4 · ¶ 4–6, 902Issues
i.Whether the Trust’s rejection of the petitioners’ representation without granting a personal hearing should be set aside and reconsidered.
pp. 3–5 · ¶ 7–9ii.Whether the Trust should be directed to reconsider the representation within a specified period.
p. 5 · ¶ 903Law Applied
The Court identified no specific statute, regulation, or precedent as the basis for its decision.
p. 4 · ¶ 9It 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 · ¶ 9The Court also noted that the Trust has a separate procedure for declaring properties as heritage properties.
p. 4 · ¶ 904Reasoning
The Court observed that the Trust had rejected the representation after the earlier court direction but without hearing the petitioners.
pp. 3–5 · ¶ 7–9Given 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 · ¶ 7–9It therefore ordered reconsideration after hearing the petitioners’ representative, without deciding whether the property should ultimately be removed from the heritage list.
pp. 3–5 · ¶ 7–905Holding
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 · ¶ 9Any decision to delist the property was also required to be made within that period.
pp. 5–6 · ¶ 9The 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 · ¶ 9The petition was disposed of and the Rule made absolute to that extent.
p. 6 · ¶ 10Original Court PDF
FRENY PESI GINWALLAvsTHE AHMEDABAD MUNICIPAL CORPORATION
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