High Court Halts Commercial Demolitions in AUDA Zone
The Gujarat High Court issued an interim stay order on May 31 halting all commercial property demolitions within the Ahmedabad Urban Development Authority (AUDA) jurisdiction, pending a comprehensive review of the regulatory framework governing such demolitions and the hearing of a batch of petitions that had raised questions about due process violations.
The Context
The stay emerged from a batch of petitions filed by owners of commercial properties — small shops, warehouses, and office premises — who had received demolition notices from AUDA or the Ahmedabad Municipal Corporation and contended that the notices had been issued without adequate opportunity to be heard, without proper documentation of the alleged violations, and in some cases, apparently at the behest of influential parties with interests in the properties’ locations.
The Court’s Concern
The Court expressed specific concern about the pattern of demolition notices being issued in clusters in areas that had simultaneously seen significant real estate acquisition activity by large developers. While stopping short of attributing motive, the bench observed that the timing of demolition drives in these specific zones — without corresponding action in other equally or more egregiously violated zones — warranted examination.
What the Stay Means
The interim stay means that no commercial demolition can be carried out in the AUDA area until further order of the Court. Property owners who receive demolition notices in the interim period may approach the Court with a copy of the stay order. The government has been directed to file a detailed affidavit providing a regulatory framework for the issuance, appeal, and execution of demolition notices, ensuring compliance with principles of natural justice.