GOVINDBHAI HIRABHAI SURATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Paid extensive homage to the right of audience of Mr.K.K.Trivedi, learned counsel appearing for the petitioners, and suffered his incoherent, cluttered, misconceived and confusing arguments, and availed the valuable assistance of Mr.S.N.Shelat, learned Advocate General of the State of Gujarat, Mr.Prashant G.Desai, learned counsel appearing for the Municipal Corporation of City of Surat, the respondent no.2, and Mr.A.D.Oza, learned Government Pleader representing the respondent no.3.

(2.) By means of instant Special Civil Application under Article 226 of the Constitution of India, the petitioners pray for the grant of following three principal reliefs delineated by alphabets (B), (C) & (D):

(3.) Star contention of the learned counsel of the petitioners in support of relief (B) is that Section 48-A of the Gujarat Town Planning and Urban Development Act, 1976, hereinafter called "the Act", added by Act No.2 of 1999 with effect from 1st May 1999, is unconstitutional because it purports to destroy the basic structure of the Constitution inasmuch as it takes away right of the petitioners to invoke the power of `judicial review'. Further submission of the learned counsel of the petitioners is that Section 48-A confers unguided powers for taking possession of the land covered by the Town Planning Scheme sanctioned under Section 48(2) of the Act rendering it arbitrary and unconstitutional. The learned counsel also submits that Section 48-A has the effect of depriving the petitioners of their land without compensation or with inadequate compensation.