Authority: High Court of Gujarat at Ahmedabad
Order Date: 18 September 2026
Case Overview
- Petitioners: Khadimhusain Isubhai Dauva & Anr.
- Respondent: Ahmedabad Municipal Corporation.
- Special Civil Application No. 9529 of 2026 filed challenging a Show Cause Notice dated 04 July 2026 issued under Sections 260(1) and 267 of the Gujarat Provincial Municipal Corporations Act, 1949.
- Issue: alleged unauthorized construction of a compound wall on land without prior development permission; petitioner argued no permission required under Regulation 2.2 read with Schedule‑1 of the Gujarat Development Control Regulations (GDCR).
- Respondent relied on Gujarat Comprehensive Development Control Regulations, 2017, Clause 21.1.1, stating that the height of a boundary wall towards the road side must not exceed 1.5 m from the crown of the adjacent road; the wall in question exceeded this height.
- Petitioner's counsel offered to demolish any portion exceeding 1.5 m and stated they would not object to the corporation’s proceedings under the Act.
Final Outcome
- The Court disposed of the writ petition as not pressed at this stage, effectively leaving the matter without further adjudication.
Topics: Legal Dispute, Municipal Regulation, Construction Compliance