Roadside Boundary Walls In Ahmedabad Cannot Exceed 1.5 Metres in Height, AMC Tells Gujarat HC
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A boundary wall facing a public road in Ahmedabad cannot exceed 1.5 metres in height, measured from the crown of the adjacent road, the Ahmedabad Municipal Corporation (AMC) told the Gujarat High Court during a petition challenging a show cause notice issued by the civic body.
AMC Cites Gujarat Development Regulations
The petition challenged a show cause notice issued by the AMC under Sections 260(1) and 267 of the Gujarat Provincial Municipal Corporations Act, 1949. The civic body had alleged that a boundary wall was constructed without obtaining prior development clearance.
The petitioner argued that construction of a compound wall is exempt from prior development permission under the general provisions of the Gujarat Comprehensive Development Control Regulations.
However, AMC’s counsel referred to Clause 21.1.1 of the Gujarat Comprehensive Development Control Regulations, 2017.
The provision states that, irrespective of whether permission is required, a boundary wall along the roadside cannot exceed 1.5 metres in height from the crown of the adjacent road.
Petitioner Agrees To Remove Excess Height
During the proceedings, the petitioner acknowledged that the existing structure exceeded the prescribed height.
The petitioner’s counsel assured the court that any portion of the wall exceeding the 1.5-metre limit would be voluntarily demolished.
The petitioner also stated that there would be no objection to proceedings by the AMC if the wall was found to exceed the 1.5-metre limit under the Act.
Gujarat High Court Disposes Of Petition
Following submissions from advocates representing both sides, the Gujarat High Court disposed of the petition as not pressed.
