Ahmedabad, August 21 – The Gujarat High Court has rejected former cricketer and MP Yusuf Mehmudkhan Pathan’s bid to retain a 978-sq.m plot beside his Vadodara bungalow. Justice Mauna M. Bhatt held that Pathan’s long possession of the land was “nothing but encroachment,” even as his lawyers argued he was entitled to a lease without a public auction.
Background
Pathan first applied for the plot in 2012, citing security concerns for his family. The Vadodara Municipal Corporation (VMC) initially valued the land and passed resolutions to lease it to him for 99 years. But because the deal skipped the usual public auction, the VMC sought the state government’s approval. In 2014, Gujarat’s urban development department refused permission, a decision Pathan challenged only after the VMC, in June 2024, ordered him to vacate.
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Court’s Observations
During hearings, Pathan’s counsel argued that Section 79 of the Gujarat Provincial Municipal Corporation Act gives the city commissioner power to lease land without state sanction. They also cited the constitutional mandate for municipal autonomy. The bench, however, noted that Pathan knew from 2012 onward that the proposal required state approval and that he never received a formal allotment order or paid a rupee for the property.
Justice Bhatt remarked, “Without paying consideration or without any order of allotment in favour of the petitioner, it would be improper to occupy the land.” The judge added that a celebrity-MP “owes certain added responsibilities and duties towards the law of this country” and cannot seek to “regularize encroachment” by offering to pay later.
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Decision
Concluding that Pathan had “simply enjoyed the plot without there being any right over it,” the court dismissed his petition and upheld the VMC’s directive to remove the encroachment. No costs were imposed, but the court expected the corporation to act promptly in reclaiming the land.
Case:Yusuf Mehmudkhan Pathan v. State of Gujarat & Vadodara Municipal Corporation
Case No.: R/Special Civil Application No. 9027 of 2024
