In a detailed ruling delivered on April 17, 2026, the Gujarat High Court refused to interfere with orders directing forfeiture and eviction of land held by Sant Shri Asharam Ashram Trust. The Division Bench upheld earlier decisions of the Single Judge and revenue authorities, bringing the prolonged dispute to a close.
Background of the Case
The appeals arose from two writ petitions filed by the Trust challenging actions taken by local revenue authorities in Ahmedabad. The dispute centered around land parcels allotted to the Trust between 1980 and 1997 for charitable and educational purposes.
Over time, proceedings were initiated alleging breach of conditions attached to these allotments and unauthorized occupation of additional land. Orders passed on April 4, 2025 by the City Deputy Collector and the Mamlatdar led to:
- Forfeiture of allotted land for violation of conditions
- Directions to remove constructions
- Eviction from alleged encroached land measuring over 15,000 sq. meters
These orders were later affirmed by the Gujarat Revenue Tribunal in July 2025 and subsequently challenged before the High Court.
Senior counsel for the Trust argued that the proceedings were biased and pre-planned. It was claimed that the authorities had already decided to take over the land for a proposed sports infrastructure project linked to future international events.
The Trust maintained that:
- The land was lawfully allotted and used for charitable activities
- Constructions had either been regularized earlier or permitted by authorities
- Proceedings under the law were conducted with a predetermined mindset
“The entire exercise was a premeditated attempt to dispossess the Trust,” counsel argued, alleging legal mala fide in the process.
It was also contended that issues like alleged profiteering or unauthorized construction required a full inquiry and could not be decided through summary eviction proceedings.
The State authorities defended the action, pointing out that the Trust had violated specific conditions of land allotment. These included:
- Failure to obtain approval for construction plans
- Use of land beyond permitted purposes
- Encroachment on additional government land
They relied on measurement reports and statutory provisions to justify eviction and forfeiture.
The Division Bench examined the record and noted that both sets of proceedings relating to breach of conditions and encroachment were conducted after issuing notices and granting opportunities to respond.
The Court took note of findings that:
- The Trust had occupied land beyond what was legally allotted
- Measurement using modern techniques confirmed encroachment
- Certain portions involved land classified as part of a water body, which cannot be regularized
Referring to the earlier judgment, the Court observed that attempts to seek regularization of such land were impermissible in law.
On the allegation of bias, the Bench did not find sufficient material to conclude that the proceedings were vitiated.
Dismissing both Letters Patent Appeals, the High Court upheld:
- The forfeiture of land for breach of allotment conditions
- The eviction orders for unauthorized occupation
- The earlier judgment of the Single Judge affirming revenue authorities’ actions
The Court concluded that no interference was warranted, as the authorities had acted within their legal powers and followed due process.
Case Details
Case Title: Sant Shri Asharam Ashram vs State of Gujarat & Ors.
Case Number: Letters Patent Appeal Nos. 107 & 108 of 2026
Judge: Justice Sunita Agarwal (Chief Justice) & Justice D.N. Ray
Decision Date: 17 April 2026
