'How Can You Enter A Plot Without Completing Formalities?' Gujarat HC Asks Cricketer Yusuf Pathan Over 'Encroachment' In Vadodara

The Gujarat High Court on Monday (June 8) orally asked cricketer and TMC MP Yusuf Pathan, as to how he could enter and occupy a plot in Vadodara without completing any formalities which form part of allotment process.A division bench of Chief Justice Sunita Agarwal and Justice DN Ray was hearing Pathan's appeal against a single judge's August 2025 order which had found the cricketer to be an "encroacher" on government land in Vadodara, after noting that no allotment order was issued to him and he was occupying the site without paying consideration.During the hearing today, the court orally said that there was no allotment process in the present matter under which the plot was allotted to the appellant and there was only a proposal which was ultimately rejected by the State, adding that anybody who is in possession of public plot without completion of formalities, no indulgence can be granted to them. As Pathan's counsel sought to get instructions on the matter, the court also orally asked the counsel to inform on as to how much time will be needed for the appellant to vacate. The court further orally indicated that it will be imposing costs and listed the matter on June 15. Before the single judge Pathan had challenged a June 6, 2024 notice/order of the state government, rejecting Vadodara Municipal Corporation's (VMC) proposal to allot a plot measuring 978 Sq.meters in favour of Pathan on lease for 99 years, without holding any public auction. The order further directed VMC to do the needful to remove encroachment from plot in question on urgent basis.When the matter was called today, senior advocate Shalin Mehta appearing for Pathan submitted, "There is a very important document which was never placed before single judge. It is a state government policy of 25-10-1999 that addresses the issue of allotment of plot on certain conditions to international cricketers. That policy is not on record. I have checked the policy myself, I want it to come on record. As per the policy he will be entitled to a plot.The conditions mentions all of them are fulfilled". At this stage the court orally remarked that it was only a proposal by VMC and that there had been no public auction.Mehta however said, "Standing Committee of VMC resolved to allot a plot to me on market rate without auction. That went to general body, which approved. After which matter went to state government. Our case is reference to state govt is not required because of Section 79 of GPMC Act". At this stage the court orally said, if the corporation does not have policy, then it has to seek sanction of state government. As Mehta said that Section 79 has certain conditions, the court orally said:"There has to be a policy of corporation. Question of sanction by state government will not come if the corporation is acting under its own policy. But if it is deviating from the policy, or doing something for first time then it has to seek sanction. In this case, standing committee of corporation took a decision. This decision was a de-novo decision. For the first time taken, without there being any policy of the corporation...so there was requirement of taking sanction of state government. You cant single out a policy and give plot, when there is no policy. Your corporation policy, is that any allotment of any plot would be by way of auction. That auction may have some preferences...atleast it is an open policy. There is transparency. It is not so that one day Standing Committee took a decision..."At this stage the respondent's counsel said that any person as an athlete appearing on international level or universal level, "has no fundamental right to get property". "In any case he cannot say that he is not going to pay a penny. That person till date has not paid a single penny. He is occupying it...," the counsel added. As Mehta opposed the submission the court orally asked:"How could you occupy this plot? There is no allotment in your favour. You have not paid a single penny of allotment. This was only a proposal sent to the state government. State government refused to sanction. Just answer how could you occupy this plot? How could you enter into it? This is sufficient to reject..."Mehta said that the appellant was asked to cordon of the plot by the corporation. "I was asked by the corporation. The whole point is corporation has been with me throughout..."At this stage the court orally said, "You can enter into a plot only after formalities of allotment are completed...You cannot enter into physical possession of any of the properties without completion of formalities. Please answer. How could you occupy this plot?...Who permitted you to occupy? Which officials. Please tell us the names, we will initiate inquiry".Mehta said that International cricketers, hailing from Baroda have been given plots. To which the court orally said, "You may be anyone. Officials of corporation who enabled you to permit enter into property of corporation, we will initiate...

'How Can You Enter A Plot Without Completing Formalities?' Gujarat HC Asks Cricketer Yusuf Pathan Over 'Encroachment' In Vadodara

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Pathan challenged the single judge's order upholding State's decision rejecting a proposal to allot a plot to him without auction & directing Vadodara Municipality to remove encroachment

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'How Can You Enter A Plot Without Completing Formalities?' Gujarat HC Asks Cricketer Yusuf Pathan Over 'Encroachment' In Vadodara

LIVELAW NEWS NETWORK

Pathan challenged the single judge's order upholding State's decision rejecting a proposal to allot a plot to him without auction & directing Vadodara Municipality to remove encroachment

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

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LIVELAW NEWS NETWORK

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