Long Possession Doesn't Create Ownership: Gujarat High Court Directs For Removal Of Encroachment From Footpath

The Gujarat High Court, while holding that long possession doesn't create ownership rights, has directed a power of attorney holder to remove encroachment over a footpath.

The Court was considering a Petition challenging an order under which the Petitioner was directed to remove encroachment done on a public footpath within a period of 15 days.

The Bench of Justice Mauna M. Bhatt held, "Considered the submissions. It is noticed that long possession will not create any ownership right in favour of the petitioner. Petitioner in this case has failed to establish that the petitioner is owner of subject premises in question. In the petition filed under Article 226 of the Constitution of India, the title fo the property cannot be decided. Moreover, the submission that the notice dated 20.11.2025 of eviction is not issued to the petitioner merits acceptance. The petitioner being the encroacher is rightly directed to remove the encroachment and there being no illegality in the notice dated 20.11.2025, this petition deserves to be rejected."

The Petitioner was represented by Advocate Amit M Lashwani, while the Respondent was represented by Government Pleader GH Virk.

Counsel for the Petitioner had argued that the Petitioner is holding a Power of Attorney from the original holder of the property and therefore he is the owner of the premises, paying tax bills and other bills regularly to the Municipal Corporation and therefore entitled to such construction which he has done.

He also contended that before issuing the Notice, the procedure as contemplated under the provisions of the Gujarat Housing Board Act, 1961 had not been followed.

The Court rejected the arguments so made. The Petition was accordingly dismissed.

Cause Title: Ranjana Mulchandbhai Shitlani v. Gujarat Housing Board & Ors. (2025:GUJHC:69694)

Appearances:

Petitioner- Advocate Amit M Lashwani, Advocate Anmol D Ganwani

Respondent- Government Pleader GH Virk, Advocate S H Virk, Advocate Jagrat Shah, Advocate Rituraj M Meena

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