
Justice Mauna M. Bhatt, while pronouncing the order, underlined that public personalities, including celebrities and elected representatives, have a greater duty to set an example by following the law. Granting special treatment to such individuals, the judge observed, would undermine public confidence in the justice system.
The Gujarat High Court has dismissed a plea filed by former cricketer and Lok Sabha MP Yusuf Pathan, concluding that he had unlawfully taken possession of a government plot in Vadodara. The Court ruled that his construction of a boundary wall on the land amounted to encroachment, since no formal lease or allotment had ever been granted in his favour.
The case arose after Pathan applied for a 99-year lease on a 978-square-metre parcel of government land located next to his residence in Vadodara. He justified the request on security grounds, stating that his public stature as a sportsman and politician necessitated additional safety measures. While the application was still under consideration, Pathan built a boundary wall around the plot and assumed possession.
In 2024, the Gujarat government rejected his request for a lease, holding that the land could not be allotted to him. The municipal authorities were directed to remove the encroachment. Pathan challenged this decision in the High Court, arguing that he was willing to pay the prevailing market rate and that his possession should therefore be regularised.
The Court, however, was not persuaded. It held that possession without legal sanction is unlawful, regardless of the duration of occupation or willingness to pay compensation. The act of raising a boundary wall on government property, the bench said, could not be justified in law.
Justice Bhatt further highlighted that celebrities often serve as role models. If individuals in the public eye were allowed to retain illegally occupied land, it would send the wrong message to society and erode respect for the rule of law. The Court therefore upheld the government’s refusal to grant a lease and directed the Vadodara Municipal Corporation to take steps for removing the encroachment.
The judgment reinforces the principle that no individual—irrespective of fame, influence, or office—can claim immunity when it comes to unlawful possession of public property.
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