JASWANTSINH LAXMANSINH CHAUHAN Vs. DEESA MUNICIPALITY

JUDGEMENT

(1.) . In this writ petition the petitioners challenge validity of Sec. 65 of the Gujarat Municipalities Act, 1963 and also the decision taken by the respondent-Municipality to let out some terraces on Municipal building to a group of 24 lawyers.

(2.) . The petitioners themselves are a class of persons who are stated to be interested in seeing that the Municipality acts in accordance with law and they are also interested in the space on the terraces of building known as "Khushboo Shopping Centre" in Deesa town. Coming first to the validity of Sec. 65 of The Gujarat Municipalities Act, 1963, the same reads as follows :

(3.) . The contention of the learned Counsel for the petitioners is that the said provision gives unbridled power to the Municipality to give on lease the Municipal property to anyone of its liking and on the ground of excessive delegation, the said section impugns.