Gujarat HC orders AUDA to clear encroachments from Aslali Lake within two weeks, citing environmental and public drainage concerns

The petitioners, including the People’s Union for Civil Liberties, filed a public interest litigation on behalf of 164 persons occupying huts and residential structures on Revenue Survey No. 769, situated on the periphery of Aslali Lake, Taluka Daskroi, District Ahmedabad.

The occupants had continued in possession for approximately 13 years under an interim order of the Court.

The State asserted that the land was recorded as “Kharaba Talav”—wasteland/lake or pond—and that the structures constituted illegal encroachments over a public water body.

Pursuant to the Court’s order dated 04 February 2026, an inquiry committee examined the occupants’ claims for rehabilitation and required them to produce identity, residence and employment documents.

Of the 164 claims, only 54 occupants were verified as belonging to the marginalised labour class and actively residing at the site; the remaining claims were rejected for want of proof of genuine residence or eligibility for rehabilitation.

The Court thereafter directed AUDA to consider the occupants’ applications for allotment under an economically weaker sections housing scheme.

Although 120 occupants submitted representations, none filed the required online applications for the 95 available units in the “Ayodhya Nagari” scheme by the prescribed deadline of 31 August 2026.

1. Whether the occupants of Survey No. 769, recorded as a pond/lake wasteland and forming part of the periphery of Aslali Lake, could claim a right to continue in possession or seek regularisation of their encroachments over the public water body?

2. Whether the occupants were entitled to rehabilitation or allotment of alternative housing under the prevailing Government or AUDA schemes on the basis of their claim to be poor, landless or marginalised persons?

3. Whether AUDA and the district authorities were required to remove the encroachments and restore Survey No. 769 to its status as a public water body/peripheral area?

The Court applied the Government Resolution dated 27 August 2001, which requires the absolute conservation, preservation and development of natural water bodies, lakes and Kharaba ponds throughout Gujarat, irrespective of their existing physical condition, and obliges the State to initiate prompt legal action for removal of encroachments.

The Court further applied the principle that encroachers over public water bodies cannot claim a legal right to retain possession, regularise their occupation or defeat restoration of the water body.

Rehabilitation was treated as a policy-based benefit dependent upon satisfaction of the applicable eligibility criteria, not as an automatic right arising from unlawful occupation.

The Court also recognised the competing human-rights dimension: the right to shelter must be balanced against the rights of the surrounding public to a clean environment, effective storm-water drainage and protection of public natural resources.

The Court found that Survey No. 769 was recorded in the revenue records as “Kharaba Talav” and formed part of the periphery of Aslali Lake; consequently, the occupants were encroachers on Government land connected with a public water body.

Applying the conservation mandate under the Government Resolution dated 27 August 2001, the Court held that continued occupation could not be protected merely because the occupants had remained there for several years under an interim order.

The encroachments impaired the lake’s ecological function and obstructed storm-water drainage, thereby exposing surrounding residents to waterlogging, disease and disruption of normal life.

The Court nevertheless afforded the occupants opportunities to establish their eligibility for rehabilitation.

Only 54 of the 164 petitioners established their marginalised labour status and active residence, while the others failed to discharge the evidentiary burden.

A further opportunity was provided through AUDA’s EWS housing scheme, but none of the occupants completed the mandatory online application despite individual communication and the availability of 95 units.

The Court therefore concluded that neither continued possession nor further rehabilitation-related indulgence was warranted.

The Court held that none of the occupants could claim a right to remain on Survey No. 769, seek regularisation, or resist eviction from the periphery of Aslali Lake.

AUDA was directed to remove all encroachments from Survey No. 769 within two weeks, while maintaining law and order; the Collector and Superintendent of Police were directed to provide necessary assistance.

The Court recorded that, although a final opportunity had been offered to file online applications for alternative accommodation upon giving an undertaking to vacate, the occupants declined to avail themselves of it.

AUDA was further directed to file a compliance affidavit confirming removal of the encroachments and restoration of the land within three weeks.