PRANJIVAN HARJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Preambulatoty Profile : The challenge in this Public Interest Litigation is referable to judicial scrutiny, determination and adjudication of the constitutionality of the exercise of legislative jurisdiction in enacting a statute for regularisation of unauthorised developments in urban development areas or development in other parts of the State and known as "The Gujarat Regularisation of Unauthorised Development Act, 2001" ("Impugned Act") in the backdrop of two celebrated jurisprudential doctrines, viz. : (i) judicial review, and (ii) Ultra vires concept, which manifestly and evidently bring into sharp focus in microscopic evaluation a promising and panoramic profile of the issue :-

(2.) The petitioner claims to be a social worker and holding the office of President of Akhil Bhartiya Vishwakarma Parivar and Managing Trustee of Vishwakarma Vidyapith. He is a retired Architectural practitioner since 1967, and also, claims to have rich and wide experience for period of more than two decades in facing and handling, allegedly, successfully, multi-dimensional civil and criminal litigations initiated allegedly by and against very influential and elite persons and through well-known Advocates.

(3.) The petitioner has also placed reliance on. some documents and photographs and literatures pertaining to institution known as Akhil Bhartiya Vishwakarma Parivar. The petitioner claims to be the President of Akhil Bhartiya Vishwakarma Parivar, to which reference may be made hereinafter, if and when required in course of discussion of the merits of the petition and which may be material and relevant for the purpose. Short Petitioning Profile at the Outset :