The Gujarat High Court has intervened in a contentious land dispute in Palanpur, directing authorities to maintain the status quo on a plot of Gamtal land and strongly reprimanding a Taluka Development Officer (TDO) for what it termed "high-handed action." The court's oral order, delivered by Justice Mauna M Bhatt on Monday, January 7, 2026, has temporarily halted the planned removal of a sanitation facility.
Court Criticises Unilateral Demolition Move
At the heart of the case is a petition filed by 11 individual landowners of a Gamtal plot in Palanpur. These petitioners had received notices from authorities in December 2025, alleging they had encroached upon the land. However, the landowners contested this, asserting their ownership was legitimate through a Sanad – an official government certificate that converts agricultural land for non-agricultural use.
The court took strong exception to the TDO's move to demolish a sanitation facility built under the Swachh Bharat Mission on this land. Justice Bhatt noted that the action was initiated without any proper measurement by the DILR (Deputy Inspector of Land Records) Authority and lacked an authenticated document to justify the demolition. The judge stated that taking such action without measurement "cannot be stated to be in accordance with law."
Misapplication of Previous Court Order
The controversy deepened when it was revealed that the TDO's action was based on a previous High Court order dated December 23, 2025. Advocate R B Thakor, representing the respondent authorities (the DDO and TDO of Palanpur), submitted that the TDO had directed the Gram Panchayat to act based on this order.
However, the court clarified a critical distinction. The December 23 order specifically pertained to encroachment on Gauchar (grazing) land in Palanpur. The current case involves Gamtal land, which is meant for village settlement and habitation. The court found the TDO's recourse to the earlier order for action on a different category of land to be "unwarranted."
Petitioners' Case and Court's Directive
The petitioners' advocate argued successfully that the sanitation facility was constructed well within the boundaries of the land granted to them via Sanad. They also presented a document proving the construction was sanctioned under a government grant for the Swachh Bharat Mission.
In its ruling, the court not only ordered the status quo to be maintained until the next hearing but also issued a specific directive to the Talati-and-Mantri (village revenue officer). The official has been ordered to file an affidavit justifying his actions regarding the alleged encroachment on the Gamtal land.
Next Steps and Implications
The Gujarat High Court has scheduled the next hearing in this matter for February 9, 2026. The court's firm stance underscores the necessity for due process and precise legal justification before undertaking demolition drives, especially when private property and government-sanctioned constructions are involved.
This order highlights the importance of differentiating between land types (Gauchar vs. Gamtal) in legal and administrative actions and serves as a caution against the misapplication of court orders. The case will now proceed with the Talati-and-Mantri's affidavit, which will be scrutinised in the upcoming hearing.
