GABHAJI B THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Dharmesh Shah, learned Advocate for petitioners. Mr. Dipen Desai, learned A.G.P. for respondent No. 1. Mr. Sanjiv D. Dave, learned Advocate on behalf of Nanavati & Nanavati for respondent No. 2.

(2.) Heard learned Counsels for the parties. By this petition under Art. 226 of the Constitution of India, the petitioner seeks to partly challenge the constitutional validity of Gujarat Act No. 12 of 2003 known as "Gujarat Regularisation of Unauthorised Development (Amendment) Act, 2003".

(3.) It is to be seen that, original Act, "Gujarat Regularisation of Unauthorised Development Act, 2001 (Act No. 23 of 2001)" was first published after having received the accent of the Governor in the Gujarat Government Gazette on 1st September, 2001 which is deemed to have come into force on 22nd November, 2000. The Act, from its very language, appears to have been enacted for regularising illegal construction on payment of some compounding fee known as 'impact fee'. Sec. 2(a) of the Unamended Act provided that notwithstanding anything contained in the relevant law or in the order issued or the decision taken under the relevant law, directing removal, pulling down or alteration of unauthorised development, where in the opinion of a designated authority a person has at any time before 22nd November, 2000 made some unauthorised development and such unauthorised development having regard to the provisions of Sec. 4 requires to be regularised, the said authority, within such period and in such manner as may be prescribed, serve on the person a notice requiring him within such period not being less than a month as may be specified therein to comply with such requisitions made under Sec. 4 and specified therein and to pay to the designated authority such fees per square metre of each category of unauthorised development as may, subject to the provisos, be determined by the designated authority and specified therein. The first Proviso, appended to Sec. (a) of Sec. 2, provided that the fees shall have the two limits of minimum and maximum. The second proviso provided that different rates of fees may be determined by the designated authority for different categories of unauthorised development in different areas and for different unauthorised uses. A Table of Fees is appended to Sec. 3 which provided different charges within the limits of maximum and minimum on basis of per square metre.