PG operators withdraw plea from Gujarat High Court after AMC assures hearing if society denies NOC

Ahmedabad draws thousands of people from outside the state for education and employment. Many of whom stay in paying guest (PG) accommodations. They are now grappling with a new challenge. A legal tussle has broken out between PG operators and the Amdavad Municipal Corporation (AMC).

Over 131 PG owners had challenged the Standard Operating Procedure (SOP) issued by the AMC in the Gujarat High Court. The SOP mandates operators to secure permission from cooperative housing societies before launching PG services in their premises.

However, following an assurance from the AMC to hear the operators out if their society refuses to issue a non objection certificate (NOC), a part of SOP, the operators withdrew their petition from the high court on Wednesday. 

What happened at today’s HC hearing

Advocate Amit Panchal said that some of the PG owners had received notices from the AMC, which is against General Development Control Regulations (GDCR). As per the SOP of AMC, the PG operators are directed to provide fire, police, estate department’s approval along with NOC from the society. Panchal argued that society’s approval is against the GDCR.

“We have been told that if you don’t have proper documents which include society’s approval, you’re not permitted to operate the PGs,” said Panchal.

Justice Mauna Bhatt replied, “The petition is premature, you’ve just been called for producing a certain document.” The judge told the petitioner council, “Just produce the documents that are my documents. You cannot evict us as per GDCR and this rule is fully applicable.” 

The AMC said, “We have only issued notices to 15 PG owners,” he added, “Let us say if the society refuses to give NOC to the owners, then on a case-to-case basis the corporation will conduct a hearing where it will provide building use permission.”

Panchal argued that the NOC is not required in the first place from cooperative societies in the instance of a corporation.

The court heard both the sides and accepted the withdrawal of the petition. Off the record, Justice Bhatt also asked petitioners to think of national security and abide by the laws, and if anything goes wrong, the court is there to protect the rights of a citizen.

To this, advocate Panchal said, “We are ready to comply with the SOP, the only concern is that the societies are taking advantage and throwing young boys and girls out of the PG.”