C/SCA/9397/2025 ORDER DATED: 11/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9397 of 2025 ========================================================== LALITHADEVI ASHOKKUMAR KOTHARI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR DHAVAL VYAS, SENIOR ADVOCATE with MR ARPIT A KAPADIA(3974) for the Petitioner(s) No. 1 MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1 MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 2,3,4 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 11/07/2025 ORAL ORDER 1. This petition is filed challenging the notices dated 30.05.2025 (Annexure-A, Page No. 19) and 15.03.2025 (Annexure-B, Page No. 20) whereby coercive actions of demolition has been indicated. 2. Heard learned Senior Advocate Mr. Dhaval Vyas assisted by learned advocate Mr. Arpit Kapadia for the petitioner. Learned Senior Advocate for the petitioner submitted that the petitioner herein is lawful owner of subject property and the petitioner has filed an application under the provisions of the Gujarat Regularization of Unauthorized Development Act, 2022 (for short ‘the GRUDA, 2022’) seeking regularization of unauthorized construction. Learned Senior Advocate submitted that till the application seeking regularization of unauthorized C/SCA/9397/2025 ORDER DATED: 11/07/2025 construction gets decided the property may not be demolished. Learned Senior Advocate further submitted that pursuant to notices issued upon taking cognizance of unauthorized construction by petitioner, the property is sealed and they will not use the property. However, a limited prayer is made to direct respondent – Corporation to consider the application of the petitioner seeking regularization of unauthorized construction under the provisions of the GRUDA, 2022 which is pending. 3. Learned advocate Mr. Kaushal Pandya for respondent – Corporation on the other hand submitted that the property of the petitioner is unauthorized and constructed without any development permission. Having come to know about this, various notices have been issued (15.03.2025 and 30.05.2025). Thereafter, the premises was sealed and subsequent to action on the part of respondent – Corporation the petitioner has preferred an application under the provisions of the GRUDA, 2022. However, learned advocate for respondent – Corporation could not dispute the pendency of application of the petitioner seeking regularization of unauthorized construction under the provisions of the GRUDA, 2022. 4. Considered the submissions and noticing that the application preferred by the petitioner under the provisions of GRUDA, 2022 which is pending is yet to be decided by respondent – Corporation, the Corporation is hereby directed to decide the application preferred by the petitioner under the provisions of GRUDA, 2022 as expeditiously as possible preferably within a period of 6 weeks from the date of receipt C/SCA/9397/2025 ORDER DATED: 11/07/2025 of this order. Respondent – Corporation is directed not to take any coercive steps against the petitioner till the application of the petitioner seeking regularization of unauthorized construction is decided. This Court has not gone into the merits of the matter and it is open for respondent – authorities to decide the same in accordance with law. 5. In view of above, present petition is disposed of. Direct service is permitted. (MAUNA M. BHATT,J) SHRIJIT PILLAI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 11/07/2025 15:22:07