Case Note & Summary
The dispute involved multiple petitions filed by property owners challenging notices dated 23.12.2025 issued by the Gujarat Housing Board, which resulted in the sealing of their premises on the ground of unauthorized change of use from residential to commercial. The petitioners, who were not original allottees but had acquired the properties through registered conveyance deeds, argued that they had applied for change of use permissions and that these applications were pending, making the sealing action illegal. The respondents countered that prior notices had been issued in March and July 2025, the original allotment prohibited change of use, the petitioners had engaged in commercial activities and encroached on public roads, and the land ownership remained with the Gujarat Housing Board. The court considered the submissions, noting the grievance over the sealing and the dispute regarding the pendency of applications. It observed that no permission for change of use had been granted. The court disposed of the petitions by directing the petitioners to make fresh individual applications to the Gujarat Housing Board within seven days for change of use permission, allowing them to pursue existing applications or submit new ones. The respondents were instructed to decide these applications expeditiously within two weeks and to provide the petitioners with a fixed date and time to retrieve their belongings from the sealed premises. The rule was discharged, and direct service was permitted.
Headnote
A) Property Law - Change of Use Permission - Sealing of Premises - Gujarat Housing Board Regulations - Petitioners challenged sealing notices issued for using residential premises for commercial activities without permission - Court noted applications for change of use were pending but no permission had been granted - Held that petitioners must make fresh applications within seven days and respondents must decide within two weeks, with provision for petitioners to retrieve belongings from sealed premises (Paras 6-8).
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Issue of Consideration: Whether the sealing of premises under Notice dated 23.12.2025 was justified when applications for change of use from residential to commercial were pending before the Gujarat Housing Board
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Final Decision
Petitions disposed of with directions: (i) Petitioners to make fresh individual applications to Gujarat Housing Board for change of use permission within seven days; (ii) Petitioners may pursue existing applications or make fresh ones; (iii) Respondents to decide applications within two weeks; (iv) Respondents to decide in accordance with law; (v) Respondents to provide fixed date and time for petitioners to retrieve belongings from sealed premises. Rule discharged, direct service permitted.
