The Gujarat High Court, on May 28, 2025, reserved its verdict in a significant matter challenging eviction notices issued for a road widening project near the Narendra Modi Stadium in Ahmedabad. The proposed development forms part of India’s ambitious bid to host the 2036 Summer Olympics.
The case involved multiple petitioners who approached the court contesting the May 21 order by the Assistant Estate Officer. This order directed residents of certain plots to vacate and hand over possession to the Ahmedabad Municipal Corporation within seven days, failing which eviction would be initiated under Section 68 of the Gujarat Town Planning and Urban Development Act.
State’s Stand:
The Gujarat government defended the eviction notices by stating that the area near the stadium needs urgent road expansion to meet infrastructure demands under the town planning scheme. This, they argued, is in line with the Olympic development vision.
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“The town planning scheme was sanctioned back in 1983 and came into effect in 1984. Implementation happens in phases based on the city's needs,” the state's counsel explained.
The government emphasized that the disputed Final Plot No. 486, claimed by the petitioners as part of a slum upgrade zone, would not be affected. They assured the court that if residents are part of FP 486 and meet criteria under the Slum Act, they would be eligible for rehabilitation.
“Nothing survives in the petition,” the state counsel said, asserting that the objections lack legal ground due to the prolonged gap since the town planning scheme was finalized.
They further added that the proposed 24-meter-wide road is a vital link and larger than usual town planning roads. The petitioners had not objected at the time of planning and are now challenging the process decades later, making their plea barred by delay and laches.
Petitioners’ Arguments:
On the other side, the petitioners’ counsel contended that the land was purchased from its original owners and has been occupied for decades as residential property.
“The state had no need to implement the scheme for over 40 years. Now, suddenly, they want to build a road through fully constructed, long-established residential areas,” the petitioners' counsel said.
They argued that existing constructions were present even when the town planning scheme was introduced. Forcing eviction now would demolish hundreds of houses and disrupt lives without adequate notice or due consideration.
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The petitioners also pointed to procedural flaws, stating that the estate officer acted beyond jurisdiction and that the eviction notice violates principles of natural justice. According to them, objections were submitted, but the order failed to consider or address those objections.
“We are not on the road. The road is coming on us,” the counsel remarked, emphasizing that the authorities failed to justify the sudden implementation and did not provide clear reasons or responses to objections.
They also referenced a Supreme Court decision related to demolition, alleging non-compliance with the top court's guidelines in the present matter.
Case title: UMESH PRAVINBHAI MAKWANA & ORS. v/s State of Gujarat and connected petition R/SCA/7325/225
