Written by Aditi RajaVadodara | October 11, 2025 02:57 AM IST 4 min readThe court also directed the Municipality to compensate the petitioner for the partial demolition and the Chief Officer of the Municipality to file an affidavit (File Photo)THE GUJARAT High Court on Friday expressed “surprise” over a “high-handed action” by the Khambhat Municipality, which partially razed a shop belonging to a petitioner on Friday, just three days after directing a shop owner to vacate his shop allotted to him on a nine-year lease ending 2029, even as the petition had been moved in the HC.The court also directed the Municipality to compensate the petitioner for the partial demolition and the Chief Officer of the Municipality to file an affidavit.Justice Mauna Bhatt of the Gujarat HC, in an interim order on Friday, stated, “This court is surprised by such highhanded action by respondent – Nagarpalika (Municipality) – that too, despite having knowledge of filing of Civil Application. The submission canvassed on behalf of the respondent Nagarpalika that the appeal was rejected and stay not granted by this Court, does not merit acceptance…:” The court said an interim relief had been granted based on an order dated October 7, 2024.The petitioner moved the court seeking stay in the implementation and execution of a notice from the Chief Officer of the Khambhat Municipality, which directed the petitioner to “give vacant possession of the shop within a period of three days”.The advocate for the petitioner also submitted that the petitioner is a “lessee of the shop (in Trambavati Complex)… allotted to the applicant after having him participate in the auction held on February 1, 2022 and being declared a success bidder…”.The petition further contended that after the petitioner made the successful bid, the Municipality passed a resolution which allowed the applicant the permission to construct as per the resolution’s conditions. Therefore, the lease period was to continue for nine years until January 31, 2029.However, the petition contends that the Municipality passed another resolution on April 30, 2022, cancelling the earlier resolution.Story continues below this adThe court noted the petitioners’ submission that the April 2022 resolution had been challenged in the HC in 2022 and in an order of October 17, 2022, the HC had permitted withdrawal of petition on the ground of the applicant having alternative remedy, after which the petitioner moved an appeal, which was also rejected and thereafter a Special Civil Application, in which the court granted interim relief on October 7, 2024.The court order states, “However, during pendency of the petition a notice dated 06.10.2025 was issued directing the applicant to vacate the premises. Moreover, after serving the copy of this application to the other side, action of demolition was initiated on October 10, 2025, morning despite having knowledge of this application listed for hearing. At this juncture 20% of the shop has been demolished. The action of demolition was taken without providing any opportunity of hearing to the applicant. Therefore, notice dated October 6, 2025, may be stayed and appropriate compensation for demolition may be granted to the applicant.”The advocate appearing for the Khambhat Municipality had contended that there had been a “fraudulent act” by the parties involving the then elected municipal councillors. The court order states, “…irrespective of case of respondent (Municipality) that shop purchased through auction by the applicant was fraudulent act on the part of the Municipal Councilors, the fact of registered lease agreement in favour of applicant for a period of 9 years remains…”The court also directed the Chief Officer of Khambhat Municipality to file an affidavit “for his action of demolition despite the order of notice and notice as to interim relief granted on October 7, 2024.”Story continues below this adThe matter will now be heard when the court opens after vacation.Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:Gujarat High Court