Housing Board Commercial Scam: Supreme Court Verdict to Apply in Gujarat

Housing Board Commercial Scam
Supreme Court Verdict
Dilip Patel, Ahmedabad, May 19, 2026
On March 25, 2026, the Supreme Court ruled that the Tamil Nadu government had permitted commercial construction alongside residential areas on lands designated for public purposes. This ruling also applies to 34 housing colonies under the Gujarat Housing Board.
Following this verdict, the Supreme Court discovered that such practices—involving lands acquired by the government—are occurring across the entire country. Consequently, Senior Advocate Ajit Kumar Sinha was appointed to address this issue, and the Supreme Court directed him to compile detailed information from across the nation. The deadline for submitting this information is May 20, 2026.

Every City Made a Party to the Case
All municipalities in India have been made parties to the case. They have been directed to submit an affidavit explaining why commercial construction was undertaken within housing schemes in their respective cities.

High Court Verdict
In 1998, the Gujarat High Court had ruled that the Gujarat Housing Board must not undertake commercial construction on land acquired for public purposes.

The Civil Service Organization—an entity advocating for residents living in Gujarat Housing Board housing units in Ahmedabad—has lodged complaints with 10 decision-making authorities, seeking an investigation into the Housing Board scam.

Response from Officials
Officials are responding by stating that permission to construct shops was granted for 50 projects on the grounds that the land in question is non-agricultural. Permission for commercial development was granted specifically in the context of redevelopment projects. Officials are falsely claiming that a 10 percent allowance was granted in accordance with the GDCR (Gujarat Development Control Regulations) laws. In reality, permission to construct shops is granted under Clause 3 of the Redevelopment Act. Thus, officials are offering conflicting explanations.
The land in question was acquired by the Gujarat Housing Board. Such actions are in violation of the law; the authorities are acting in contravention of their own statutory regulations. A crucial point is that commercial construction cannot be undertaken on land acquired for public purposes. Such responses were provided to Vinod Chauhan of the Civil Service Organization. Consequently, he has lodged complaints with various authorities—including the Supreme Court—and has petitioned the ED and CBI to investigate this alleged scam. Ahmedabad Commissioner:
Vinod Chauhan sought an appointment with the Ahmedabad Municipal Corporation Commissioner, Banchanidhi Pani, to formally lodge and present his complaint; however, he was denied an audience for three consecutive days.

Chief Secretary:
Gujarat’s Chief Secretary, Manoj Kumar Das, has received a complaint alleging that the project in question was granted improper approvals. The Housing Board was originally established to serve the middle and lower-income classes; however, it is currently operating to benefit the wealthy and should, therefore, be dissolved. The land in question ought to be allocated to the Housing Board’s 700 existing residential colonies.

RERA:
Anita Karwal, Chairperson of the Gujarat RERA Authority, has received a complaint alleging that project approvals are being granted without the requisite permission from RERA. Specifically, it is alleged that commercial construction—which is prohibited on acquired land—is being undertaken; yet, the scheme is being accorded approval through registration with RERA.

RERA has approved 34 projects under the Housing Board’s redevelopment scheme. Commercial construction is currently underway in all of these projects, and retail units worth crores of rupees are being sold. Since the land was originally acquired for public purposes—specifically for the construction of affordable housing—this matter warrants a thorough investigation, as the construction of commercial shops on such land is impermissible.

Therefore, in accordance with the law, permission for the commercial use of these buildings cannot be granted.

The President:
By compiling all the complaints previously submitted to the aforementioned authorities, a formal complaint has now been forwarded to the President of India, Smt. Droupadi Murmu.

Supreme Court:
A formal complaint has also been submitted to the Supreme Court, addressed to Justice Surya Kant. CBI-ED
Complaints have been lodged with the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) to investigate this major scam that has taken place in Gujarat.
Irregularities amounting to thousands of crores of rupees have occurred within the Housing Board’s redevelopment schemes in Gujarat. The entire scam warrants a thorough investigation.

7-Year Prison Sentence
A demand has been raised to investigate whether the affidavits submitted by officials across all 10 cities of Gujarat are false; if found to be so, it is demanded that all such officials be sentenced to 7 years of imprisonment.

Complaint to the Chief Minister
Chief Minister Bhupendra Patel must initiate an inquiry into this scandal, particularly since the matter is currently pending before the Supreme Court. Penalties must be imposed upon the erring officials. The Chief Minister must prioritize the welfare of the poor and the middle class.
A complaint regarding the scam involving the construction of commercial shops has been lodged with the Chief Minister via the ‘SWAGAT’ portal, and it requires a proper and effective resolution. If appropriate directives are issued, the scam can be halted, and the government stands to generate revenue amounting to crores of rupees.

5 Million Homes
In 2012, former Chief Minister Narendra Modi had pledged to construct 5 million homes for the poor and homeless population. This objective was not realized. If this pledge is to be fulfilled, homes must be provided to the homeless. Currently, the government appears to be pursuing an erroneous approach regarding the construction of these 5 million homes.

Controversy
Since 2016, controversies have arisen surrounding several such schemes. Officials are facing harassment.
Commercial development was permitted; however, construction was strictly limited to the extent of the designated commercial space. Yet, builders have constructed additional shops beyond this permissible limit—an act that constitutes unauthorized commercial development.
Following the passing of an ordinance in 2018 to amend the Gujarat Housing Board Act, 1961, approval was granted for the redevelopment of older housing societies. By 2018, approximately 700 housing societies across Gujarat had constructed a total of 175,000 homes. Central Government
Provision No. 99 of the Government of India’s Land Acquisition Gazette, 2013, states that the purpose for which acquired land was obtained cannot be altered. All such lands are registered under the Public Trust doctrine. The government is not the owner of this land, but merely a trustee; it is empowered only to manage it.

…cannot issue orders or enact laws to alter the original objective.

**The Real Objective**
Housing societies were established in areas that lay outside urban limits some 35 to 60 years ago. The Board itself was established in 1960–61. Throughout its history, the Gujarat Housing Board has constructed approximately 175,000 to 176,000 houses across 700 colonies.

These units—comprising both independent houses and flats—were constructed and subsequently allotted to residents.
These units cater to various economic strata, including the EWS (Economically Weaker Sections), LIG ​​(Low-Income Group), MIG (Middle-Income Group), and HIG (High-Income Group) categories.
The land upon which these societies sit is worth crores of rupees. Furthermore, given that these are older structures, they are entitled to a higher Floor Space Index (FSI). However, this enhanced FSI potential remained unutilized. Anandi Patel subsequently introduced a scheme specifically to allow builders to leverage this unused FSI.
Over the past few years, the construction or redevelopment of approximately 12,000 to 15,000 new or existing houses and flats has either commenced or received official approval.
Tenders were issued for these projects, and a significant number of them subsequently became embroiled in disputes. The question remains: how many redevelopment projects have actually been completed to date? In total, 117 tenders were issued for redevelopment purposes.
In the initial phase, approximately 55 GHB societies were identified as candidates for redevelopment. This phase was projected to yield approximately 15,200 flats.
By December 2024, the redevelopment of 11 new GHB societies in Ahmedabad had received official approval.
There were 54 additional societies, 41 of which were reported to be under construction. Of these, however, only 8 schemes have actually been completed.

More than 50 older societies were reported to be at various stages of development. Of these, at least 11 had received explicit official approval, while 54 schemes were described as being in different phases of progress—many of which are currently subject to ongoing disputes. Ahmedabad
Among the 11 major housing societies approved in Ahmedabad, the schemes included projects located in the areas of Sonal Park, Vasundhara, Alkapuri, Poojan, Gokul, Shiv, Chitrakoot, Satyam, Sundarban, Gitanjali, Siddhi, and Nandanvan.
Details were released regarding plans to construct over 3,500 new flats as part of redevelopment efforts to replace 1,880 existing old homes.

Gota
In 2026, approximately 3,840 residential units were constructed under this single project alone; this included 2,004 Economically Weaker Section (EWS) homes, 1,836 Low Income Group (LIG) homes, and 87 shops located in the Gota area of ​​Ahmedabad.
These projects were developed in Ahmedabad under the Public-Private Partnership (PPP) model. The largest of these projects involved the redevelopment of old housing units at the Mahatma Gandhi Colony and the Slum Clearance Cell site in Gota.

This project, valued at ₹504 crore, entailed the redevelopment of 2,004 Economically Weaker Section (EWS) units, 1,836 Low Income Group (LIG) units, and 87 commercial shops.

Under the Naranpura Housing Redevelopment Project, 114 High Income Group (HIG) flats—valued at ₹50.82 crore—were slated for redevelopment at the Happy Home Apartments (Blocks 18–36).

In Naranpura, the Nidhi Apartments project (Blocks 32–33) aims to construct 24 HIG flats at a cost of ₹12.35 crore.

The Surya Apartments project (Block 2) in Naranpura recently had its foundation stone laid by Union Home Minister Amit Shah. Developers can utilize the surplus land and available Floor Space Index (FSI) to construct additional residential or commercial units for sale, thereby enabling them to recover the project’s costs.

Surat
In Surat, approximately 2,082 residential units have been constructed as part of the LIG redevelopment project in the Pandesara area. In a ₹530 crore PPP project in Katargam (Surat),
1,304 houses were reconstructed and allotted.
What are the alleged scams?

**The Land Holdings**
In 2011, the Board reported that approximately 600 acres of land lay vacant across the entire state.
This land was announced to be developed for new housing schemes. These land parcels were spread across 24 urban centers in Gujarat.
These holdings included land in cities such as Ahmedabad (110 acres), Vadodara (73 acres), Surat (63 acres), Jamnagar (62 acres), and Bhavnagar (46 acres). In the report, the GHB Chairman stated that the Board had constructed 175,000 houses since its inception in 1960. Land for these schemes was acquired in several cities, including Rajkot, Gandhidham, Bhuj, Mehsana, and Nadiad.
A portion of this land was acquired through direct acquisition, while a larger portion was received from the government.

In the case of several older schemes, the land was subsequently sold off, leased out, or redeveloped.
In the Bhadaj area of ​​Ahmedabad, the GHB acquired approximately 9 hectares (about 22 acres) of land in 1974.
In Chaklasi village, near Nadiad in the Kheda district, the GHB acquired approximately 32,509 square meters (about 8 acres) of land for a housing scheme during the years 1980–81. (Google Translation from Gujarati)