Ahmedabad: The Gujarat High Court has stayed the Amdavad Municipal Corporation (AMC) from demolishing an allegedly illegal construction at a bungalow in Paldi’s Nutan Sarvoday Society. The property has been at the heart of a controversy after Amit P Shah, MLA from Ellisbridge, allegedly flagged violations of the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 (commonly known as the Disturbed Areas Act). The bungalow was sold by Hindu owner Dilip Modi to Muslim buyer Mustufamiya Shaikh.

Justice Mauna Bhatt directed the bungalow owners to maintain the status quo and granted the state government four weeks to decide on the owners’ appeal seeking regularization of the construction. The bungalow was purchased on December 30, 2022, even though authorities had rejected the property transaction approval under the Disturbed Areas Act on May 31, 2022. Tensions escalated when Shaikh began renovation work on the property.

The AMC issued multiple notices to the owner starting January 2024, and the matter eventually reached the court, which instructed the bungalow owner to follow due process with the AMC. The owner then applied for regularization under GRUDA, 2022, but the AMC rejected the application on August 25 and subsequently issued a notice demanding removal of the construction, warning of action for non-compliance.

The owners challenged this rejection, and last week, AMC officials arrived with a bulldozer to carry out demolition but stopped after learning about the High Court petition. On October 8, the HC ordered status quo.

During the hearing, the state government cited violations under the Disturbed Areas Act, while the petitioners argued it was not relevant to the current proceedings. The High Court has now ordered that the status quo be maintained until the appeal is decided. DeshGujarat