The division bench affirmed the findings of the single judge, holding that the state was justified in resuming possession of the land in view of established violations and unauthorised occupation, thereby enabling the execution of the proposed infrastructure project. (Source: File Photo)In a significant development clearing the way for the Gujarat state government’s proposed state-of-the-art sports complex ahead of the anticipated 2036 Olympics, a division bench of the Gujarat High Court on Friday dismissed an appeal filed by Sant Shri Asharam Ashram, challenging an earlier order of a single-judge bench, which had permitted the state to reclaim approximately 45,000 square metres of government land currently occupied by the Ashram near the Narendra Modi Stadium in Ahmedabad.The division bench affirmed the findings of the single judge, holding that the state was justified in resuming possession of the land in view of established violations and unauthorised occupation, thereby enabling the execution of the proposed infrastructure project. Stating that the petitioner—an ‘ashram’ of self-styled godman Asaram Bapu—was a “habitual offender”, the HC, in the judgment pronounced in open court on Friday, said, “…it is evident that the petitioner trust not only violated the conditions of the orders of allotment, regularisation orders of grant of government land, but also encroached upon a substantial area of open land surrounding the allotted land…”Noting that the petitioner had earlier encroached upon a substantial area measuring approximately 51,000 square meters of public land forming part of the Sabarmati River, the court considered the eviction proceedings conducted by the authorities under Section 61 of the Code in the year 2009. The court said in its judgment, “Even otherwise, the allegations of breach of conditions of the allotment/regularisation orders have been found to be proved by the learned single Judge as well as by us in view of the decisions made hereinabove. In the said scenario, we do not find it a fit case to grant any indulgence to the petitioner by invoking our extraordinary power of extraordinary jurisdiction under Article 226 of the Constitution of India. No equity lies in favor of the petitioner…”The HC rejected the submissions made by the learned senior counsel for the petitioner on the doctrine of proportionality and stated, “…none of the prayers made in the writ petition can be granted. There is no question of regularisation of the riverbed land encroached by the petitioner. Any such indulgence would be contrary to the decision of the Apex Court, even otherwise no error having been found in the concurrent finding of facts returned by the competent authorities in the proceedings… wherein principles of natural justice have been followed, we cannot attach any infirmity to the order of the learned Single Judge.”Stating that the HC “cannot attach any infirmity to the order of the learned single judge in dismissing” the petitions, the court held that the principles of natural justice have been duly followed, and dismissed the appeal.After the judgment was pronounced and delivered in open Court, senior advocates Mihir Thakore and Aadit Sanjanwala, appearing for the Ashram, requested a stay on the judgment as the petitioners were presently in possession of the land in question and constructions existing thereon are in use and to enable the petitioners to avail appropriate remedies before the higher forum. The request was opposed by government pleader GH Virk, who submitted that eviction proceedings had been initiated in 2023 and “no further indulgence ought to be granted”.Virk further gave an undertaking to the court that upon final adjudication of the proceedings under Sections 61 and 79A of the Gujarat Land Revenue Code, the State would be required to issue a notice under Section 202 of the Code, granting reasonable time to the petitioners to hand over vacant and peaceful possession of the land in question, and that coercive action would be initiated only upon failure to comply with such notice. The court, thereby, rejected the plea for a stay.Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More © The Indian Express Pvt Ltd