Case Note & Summary
The petitioner, Ramabhai Motibhai Bharwad, filed a Special Civil Application under Articles 14 and 226 of the Constitution of India read with the Gujarat Regularization of Unauthorized Development Act, 2022, seeking to quash a communication dated 31/12/2022 from the Gujarat Industrial Development Corporation (GIDC) and to direct GIDC to accept an application under the said Act. The petitioner had constructed a house in the GIDC area without permission and sought regularization under the state ordinance. The respondents, represented by Ms. Shruti S. Pathak, opposed the petition, arguing that GIDC is a separate statutory corporation and not bound by the state ordinance. The court, after hearing both sides, held that GIDC is not obligated to adopt the ordinance as it is not made applicable to GIDC areas. The petition was dismissed, and rule was discharged. No order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Applicability of State Ordinance to Statutory Corporation - Petitioner sought mandamus directing GIDC to adopt the Gujarat Regularization of Unauthorized Development Act, 2022 for unauthorized construction in GIDC area - Court held that GIDC, being a separate statutory corporation, is not obligated to adopt the state ordinance unless specifically made applicable - Petition dismissed as no legal right or duty established (Paras 1-7).
Issue of Consideration
Whether the Gujarat Industrial Development Corporation (GIDC) is bound to adopt and implement the Gujarat Regularization of Unauthorized Development Act, 2022 (Ordinance No. 3 of 2022) for unauthorized developments within its industrial area.
Final Decision
The petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Regularization of unauthorized development
- Applicability of state ordinance to statutory corporations
- Writ of mandamus against public authority
- Articles 14 and 226 of Constitution of India
Case Details
2026 LawText (GUJ) (03) 275
R/Special Civil Application No. 14936 of 2023
M.A. Parekh, Sunil B. Dave, Shruti S. Pathak
Ramabhai Motibhai Bharwad
Gujarat Industrial Development Corporation (GIDC) & Anr.
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Nature of Litigation
Writ petition seeking regularization of unauthorized construction in GIDC area and direction to adopt state ordinance.
Remedy Sought
Petitioner sought quashing of communication dated 31/12/2022 and direction to GIDC to accept application under Gujarat Regularization of Unauthorized Development Act, 2022.
Filing Reason
Petitioner constructed house without permission in GIDC area and was denied regularization under the state ordinance.
Issues
Whether GIDC is bound to adopt the Gujarat Regularization of Unauthorized Development Act, 2022 for unauthorized developments in its area.
Submissions/Arguments
Petitioner argued that the state ordinance should apply to GIDC areas and sought mandamus to compel GIDC to accept regularization application.
Respondent argued that GIDC is a separate statutory corporation and not obligated to adopt the state ordinance.
Ratio Decidendi
A statutory corporation like GIDC is not bound by a state ordinance unless the ordinance expressly applies to it. No writ of mandamus can be issued to compel a public authority to adopt a law that is not applicable to it.
Judgment Excerpts
With the consent of the learned counsel for the respective parties, the present petition is taken up for final hearing today.
Present petition is filed by the petitioner under Articles 14 and 226 of the Constitution of India read with the provisions of Gujarat Regularization of Unauthorized Development Act, 2022 seeking following reliefs...
Procedural History
Petition filed in 2023; rule issued; respondents appeared; final hearing on 10/03/2026.
Acts & Sections
- Constitution of India: Articles 14, 226
- Gujarat Regularization of Unauthorized Development Act, 2022:
