Demolition of Properties of Persons or Gangs Involved in Anti-Social Activities in Gujarat India | Advocate Paresh M Modi

Demolition of Properties of Persons or Gangs Involved in Anti-Social Activities in Gujarat India | Advocate Paresh Modi

The Gujarat government and police have taken strict actions against individuals and gangs involved in anti-social activities, including demolishing illegal properties. However, the legality of such demolitions depends on compliance with existing laws. Below are the key laws and legal aspects governing such actions:

Applicable Laws for Demolition

1. Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA)

   • Used to detain individuals involved in repeated anti-social activities.
   • The act allows preventive detention but does not directly permit property demolition.

2. Gujarat Land Revenue Code, 1879

   • Sections 202 & 203: Authorities can remove encroachments on government land after due process.

3. Gujarat Town Planning and Urban Development Act, 1976

   • Section 260: Local authorities can demolish unauthorized constructions after serving notice.

4. Indian Penal Code, 1860 (IPC) & Criminal Procedure Code, 1973 (CrPC)

   • Section 133 CrPC: Magistrates can order the removal of illegal structures causing public nuisance.

5. The Gujarat Police Act, 1951

   • Provides powers to take action against criminals, but it does not directly allow demolition.

6. Prevention of Damage to Public Property Act, 1984

   • If the property is illegally constructed on public land, it can be removed after due legal process.

7. Unlawful Activities (Prevention) Act, 1967 (UAPA) & National Security Act (NSA), 1980

   • If the property is used for terrorism or unlawful activities, authorities may take action, but demolition must follow legal procedures.

Is Demolition Legal?

Demolition of properties is legal only if due process of law is followed. This means:

• Authorities must issue prior notices.
• The owner must be given a chance to present their case.
• There should be a valid reason, such as illegal construction or encroachment.
• The order must comply with court directions.

Illegal demolitions without proper legal process violate Article 21 (Right to Life and Property) and Article 300A (No deprivation of property without legal authority) of the Indian Constitution.

Legal Remedies & Defenses Against Demolition in Gujarat

1. Filing a Writ Petition in High Court or Supreme Court

   • Under Article 226 (High Court) or Article 32 (Supreme Court) to challenge illegal demolitions.
   • Can seek a stay order or compensation for wrongful demolition.

2. Appealing Before Local Authorities or Tribunal

   • If a demolition notice is issued under town planning or revenue laws, an appeal can be filed with the municipal authority or appellate tribunal.

3. Civil Suit for Injunction & Compensation

   • A property owner can file a civil suit for injunction to stop the demolition.
   • If property is demolished illegally, a compensation claim can be made against the government.

4. Filing a Contempt Petition

   • If authorities act against a court’s stay order, a contempt petition can be filed.

5. Claiming Violation of Fundamental Rights

   • Demolition without notice violates Article 14 (Right to Equality) & Article 21 (Right to Life & Dignity) and can be challenged in court.

Conclusion

While the Gujarat government has laws to take action against anti-social elements, property demolitions must follow legal procedures. Arbitrary or illegal demolitions can be challenged through writ petitions, civil suits, and appeals before local bodies. Courts have repeatedly held that even criminals have legal rights, and any action must be as per the rule of law.

For legal assistance in Gujarat regarding property demolition cases, Advocate Paresh M Modi can provide expert legal solutions. You can contact him at:

📞 Mobile: +91 9925002031 (WhatsApp message only from 9 AM to 9 PM)
📞 Office Landline: +91-79-48001468 (10:30 AM to 6:30 PM, working days)
📧 Email: advocatepmmodi@gmail.com
🌐 Website: www.advocatepmmodi.in
📍 Office Address: Office No. C/112, Supath-2 Complex, Opp. Kohinoor Plaza Hotel, Near Old Wadaj Bus Stand, Ashram Road, Ahmedabad – 380013, Gujarat, India.

IN GUJARATI LANGUAGE