Observing that celebrities are not above the law and granting leniency to them would send out a wrong message, the Gujarat High Court on Wednesday ruled that former cricketer and TMC MP Yusuf Pathan had encroached on public property.
The court said Pathan, who put up a boundary wall around a government-owned residential plot even before it had been leased out to him, cannot retain possession over it.
A bench of Justice Mauna M Bhatt dismissed his petition against the state government’s 2024 decision to reject the proposal to allot the plot to him on lease for 99 years even though he was willing to pay the market value price.
“Celebrities by virtue of their fame and public presence wield substantial influence on public behaviour and social values
granting leniency to such persons despite their non-abeyance of law gives wrong message to the society and undermines public confidence in the judicial system. Therefore, in the opinion of this court the petitioner shall not be permitted to remain in the occupation of the plot in question which he has encroached,” said the order dated August 21, as per a report by Bar and Bench.
Justice Bhatt observed that as a celebrity and MP, Pathan should be more responsible and said the Supreme Court has also laid down that celebrities’ accountability is greater than ordinary people as they serve as social role models.
The Bar and Bench report said the dispute dates back to 2012, when Pathan sought to acquire a 978 sq m plot that was next to his bungalow in Vadodara, citing security concerns considering his celebrity status as an international cricketer. He had sought a lease for 99 years from the Vadodara Municipal Corporation (VMC), which eventually referred the matter to the state government.
The report said the high court told him that neither his long possession nor his willingness to pay market price value will give him any right over the plot.
“This illegality in the opinion of this Court shall not be permitted to be perpetuated. Therefore, when the petitioner is found to be encroacher of the plot in question, strict action in accordance with law is expected from the respondent corporation,” the report quoted the court order.