Court Stays Coercive Action Against Petitioners Using Residential Premises for Commercial Purposes
In a significant judgment delivered on January 9, 2026, the Gujarat High Court provided relief to petitioners Rohit Vallabhabhi Vasani and others, who faced potential sealing of their residential premises for allegedly using them for commercial purposes without prior permission. The court, presided over by Justice Mrs. Mauna M. Bhatt, directed the petitioners to submit fresh applications for change of use permission to the Gujarat Housing Board within seven days. The authorities have been instructed to decide on these applications within two weeks, during which no coercive actions such as sealing the premises shall be undertaken.
The case arose when the petitioners were served with a notice on March 5, 2025, warning that their premises would be sealed due to a change in use without the necessary permissions. The petitioners, represented by advocate Mr. A.J. Yagnik, argued that they were not the original allottees of the premises, which had changed hands through a registered conveyance deed. They contended that their applications for change in use permission were already pending and that any sealing action prior to a decision on these applications would be illegal.
On behalf of the respondents, advocate Mr. S.H. Virk highlighted that the original allotment of the premises was strictly for residential purposes, as per the covenants of the Gujarat Housing Board. He argued that commercial activities were not permissible under any circumstances, and alleged encroachments and unauthorized constructions by the petitioners further complicated the matter.
After considering submissions from both sides, the court observed that many residential premises were being converted to commercial use without prior approvals, which contravenes established norms and regulations. The court acknowledged the petitioners' claims of pending applications but emphasized the need for compliance with legal processes.
The court's directive allows the petitioners to either pursue their pending applications or file new ones, with an assurance from the respondents that no sealing will occur until the applications are resolved. This decision underscores the court's commitment to ensuring due process and preventing premature punitive actions.
The judgment marks an important intervention by the judiciary to balance individual rights with regulatory compliance, providing a clear framework for resolving similar disputes in the future.
Bottom Line:
Change in use of premises - Residential premises being used for commercial purposes without prior permission - Petitioners directed to make fresh applications for change in use permission within seven days - Authorities to decide applications within two weeks - No coercive action such as sealing to be taken until applications are decided.
Statutory provision(s): Housing Laws, Change in Use Permissions
Rohit Vallabhabhi Vasani v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2835933
