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Gujarat High Court has refused to quash a notice issued by Amdavad Municipal Corporation (AMC) on November 6, 2025, directing the removal of alleged encroachments by Khodiyar Mata Mandir Temple in the Sardarnagar area for the development and beautification of Kamal Talav.
A single-judge bench presided over the matter, observing that prolonged possession of property does not confer ownership rights.
The court noted that the petitioner-temple failed to produce any documents proving ownership of the land or prior permission from the AMC for the constructions.
Documents produced by the AMC established that the land in question, is owned by the state government and is classified as a water body where Kamal Talav is located.
Maps presented in court confirmed the existence of the talav on the particular survey number.
The court found merit in the AMC's submissions, stating there was no denial that temple was located on water body.
The bench ruled that unauthorised construction on the water body must be addressed, allowing the corporation to proceed with appropriate measures.
The bench emphasised that no construction is permissible on government land designated as a water body, and the notice rightly called for vacating the encroachment or facing action under relevant provisions.
The AMC's counsel argued that the state government had instructed the corporation to undertake development and beautification of the pond.
The notice highlighted that the temple has led to pollution of the water body, including through plastic waste, necessitating removal of the encroachment. As per settled legal precedents, the counsel submitted, no encroachments or structures are allowed on water bodies.
On behalf of the temple, the petitioner's lawyer contended that the temple is located on adjacent to but not on the water body. They argued that the temple has existed for many years, pollution allegations were baseless, and the notice should be quashed to prevent dispossession.
The AMC had carried out an anti-encroachment drive on December 16 at Kamal Lake (Umla Talawadi) in the Sardarnagar ward, removing illegal structures in the area.