Court Emphasizes Non-Regularization of Unauthorized Constructions on Riverbed Land
In a significant ruling, the Gujarat High Court has dismissed the appeals filed by Sant Shri Asharam Ashram challenging the eviction orders concerning encroachments on government and riverbed land. The division bench, comprising Chief Justice Mrs. Sunita Agarwal and Justice D.N. Ray, upheld the eviction under Sections 61 and 79A of the Gujarat Land Revenue Code, 1879, highlighting that encroachments on government land, particularly riverbed land, cannot be regularized.
The judgment dated April 17, 2026, addressed the appeals against the orders of the City Mamlatdar and the City Deputy Collector, which were affirmed by the Gujarat Revenue Tribunal. The court noted that the petitioner, Sant Shri Asharam Ashram, breached conditions of the land allotment by constructing without requisite permissions and engaging in activities contrary to the terms of the grant.
The court found that the Ashram was unable to produce evidence to disprove the allegations of profit-making activities or to justify the unauthorized constructions. The petitioner's failure to provide audited accounts or income-expenditure details led to an adverse inference.
Addressing the Doctrine of Proportionality, the court declined to exercise discretion for regularization, citing the petitioner as a habitual offender with extensive encroachment history, including on riverbed land. The bench emphasized that repeated violations and non-compliance with allotment conditions justified the eviction.
The court also dismissed allegations of mala fide and bias, stating that the identification of land for sports infrastructure development was based on legal procedures and did not influence the eviction process.
The judgment reinforces the stand that unauthorized constructions on government and riverbed lands are impermissible and subject to legal action, setting a precedent for similar cases of encroachment.
Bottom line:-
The Gujarat High Court dismissed appeals challenging eviction orders under Sections 61 and 79A of the Gujarat Land Revenue Code, 1879, emphasizing that encroachment on government land, including riverbed land, cannot be regularized. The petitioner was found to have breached conditions of allotment and regularization orders, raised constructions without requisite permissions, and engaged in profitable activities contrary to terms of grant.
Statutory provision(s): Gujarat Land Revenue Code, 1879 Sections 61 and 79A, Doctrine of proportionality
Sant Shri Asharam Ashram v. State of Gujarat, (Gujarat)(DB) : Law Finder Doc id # 2886424
