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1972 Supreme(SC) 198

S. M. SIKRI, A. N. GROVER, A. N. RAY, D. G. PALEKAR, M. H. BEG
Municipal Corporation Of The City Of Ahmedabad – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
A.H.Mehta, B.D.SHARMA, I.M.SHROFF, M.C.SETALVAD, PRAMOD SVARUP, S.K.DHOLAKIA, S.P.NAIR, S.S.Khanduja, V.B.PATEL, VINITA KUMAR

Judgment

PALEKAR, J.: These Civil Appeals by certificate arise out of 23 Writ Petitions filed by owners of lands and buildings within the Municipal limits of the City of Ahmedabad. The petitioners challenged section 212 and some other allied sections of the Bombay Provincial Municipal Corporations Act, 1949, (hereinafter called the Corporations Act, 1949, (hereinafter called the Corporations Act) and prayed for the issue of a writ of mandamus directing the Municipal Corporation of the City of Ahmedabad to treat the notice or notices issued to them under section 212 of the Corporations Act as null and void and further directing the Municipal authorities not to act upon the same or in furtherance of the said notice or notices. Besides the Municipal Corporation, the Municipal Commissioners were also made parties to the petitions. Since the validity of the provisions of the Corporations Act was challenged the State of Gujarat was also made a respondent. All the writ petitions raised the same questions and, therefore, the High Court of Gujarat disposed of all the petitions by a common judgment. As the decision was against the Municipal authorities, they have now come in appeal.

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