The Gujarat High Court has given the Amdavad Municipal Corporation (AMC) the go-ahead to remove alleged encroachments by the Khodiyar Mata Mandir near Kamal Talav in the Sardarnagar area, refusing to quash a notice issued by the civic body on November 6, 2025.
A single-judge bench observed that long-standing possession of land does not amount to ownership. The court noted that the temple trust failed to submit any documents to prove ownership of the land or to show that it had obtained prior permission from AMC for the constructions.Records presented by AMC showed that the land belongs to the state government and is officially classified as a water body where Kamal Talav is located. Maps placed before the court confirmed the presence of the pond on the relevant survey number.
Accepting AMC’s submissions, the court said there was no dispute that the temple structure was situated on the water body. It ruled that unauthorised constructions on water bodies cannot be permitted and allowed AMC to proceed with action as per law.
The bench further underlined that construction on government land earmarked as a water body is prohibited, and the notice correctly directed the removal of the encroachment, failing which action could be taken under applicable provisions.AMC’s counsel informed the court that the state government had directed the corporation to undertake development and beautification of Kamal Talav.
The notice also cited pollution caused by the temple, including plastic waste, as one of the reasons for seeking removal of the encroachment, stressing that settled law does not allow any structures on water bodies.
The temple’s counsel argued that the structure is located adjacent to, and not on, the water body, and claimed that it had existed for several years. The lawyer also denied allegations of pollution and sought quashing of the notice to prevent dispossession.
Earlier, AMC conducted an anti-encroachment drive on December 16 at Kamal Lake (Umla Talawadi) in the Sardarnagar ward, during which illegal structures in the area were removed.