The Gujarat High Court on Monday gave former India cricketer and Trinamool Congress MP Yusuf Pathan four weeks to pursue his claim for a land allotment under a Gujarat Government policy meant for international cricketers. At the same time, the court orally warned that any further delay could increase the amount of damages he may have to pay for occupying the land.
The matter was heard by a Division Bench of Chief Justice Sunita Agarwal and Justice D. N. Ray. During the hearing, Senior Advocate Shalin Mehta, appearing for Yusuf Pathan, requested the court to grant three to four weeks so that Pathan could seek relief under the 1999 Gujarat Government policy.
Mehta told the court that the policy had already been placed on record and that Pathan was hopeful of getting the benefit because he was eligible under the policy and other cricketers had also received similar benefits.
Responding to the request, the bench orally observed that Pathan should remember that the longer he takes, the higher the damages he may have to pay. The judges remarked that, “Whatever time you are taking, be mindful of the fact that the more time you take, the more damages you have to pay.”
The court also orally noted that even if Pathan eventually receives relief under the policy, the damages for the period during which he occupied the land would still have to be calculated.
The bench further told Government Pleader G. H. Virk that occupation of public land without legal authority cannot be treated as normal use. According to the court, the entire period during which the land was occupied without legal authority must be taken into account while calculating damages.
The judges orally observed that such damages may even have to be punitive in nature, considering that the land is public property.
Earlier Hearing
During an earlier hearing on June 8, the High Court had orally observed that Yusuf Pathan had been occupying the land since 2014, even though there had been no final decision in his favour. The court noted that he had continued to occupy the property without paying a single penny.
The bench had also indicated that even if the government later passed an order in his favour, damages would still have to be calculated based on the current market value.
At that hearing, the court questioned how Pathan could take possession of public land without completing the required allotment formalities or making payment. It also observed that continued occupation of public property without legal authority could attract damages for its use and occupation.
Background of the Case
The case relates to Yusuf Pathan’s challenge against an August 2025 order passed by a single judge of the High Court. That order had upheld the Gujarat Government’s decision to reject his request for allotment of a 978-square-metre plot owned by the Vadodara Municipal Corporation (VMC) in the Tandalja area on a 99-year lease.
The dispute began with an application made by Pathan in 2012, seeking allotment of the land under a Gujarat Government policy meant for international sportspersons. The proposal was approved by the VMC Standing Committee and the General Board, which then forwarded it to the state government. However, the Urban Development Department rejected the proposal in June 2014.
After Yusuf Pathan was elected as a Trinamool Congress MP from Baharampur in June 2024, the Vadodara Municipal Corporation issued a notice asking him to remove what it described as an encroachment on the plot.
The civic body later alleged that Pathan had fenced the land and continued to occupy it without paying the prescribed charges. The disputed plot is located next to the family residence of Yusuf Pathan and Irfan Pathan in the Tandalja area of Vadodara.
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