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1992 Supreme(SC) 424

M.M.PUNCHHI, S.MOHAN, G.N.RAY
Ahmedabad Urban Development Authority – Appellant
Versus
Sharadkumar Jayantikumar Pasawalla – Respondent


Advocates:
M.N.SHROFF, P.C.KAPUR, P.H.Parekh, P.K.GOSWAMI

Judgment

G. N. RAY, J.:- This appeal is directed against the judgment of the High Court of Gujarat dated August 22, 1983 in Special Civil Application No. 3494 of 1980: (reported in AIR 1984 Guj 60). The said Special Civil Application No. 3494 of 1980 arose out of a writ petition moved in the High Court of Gujarat by the respondents Nos. 1, 2, 3 inter alia for declaration that the provisions of Sections 119(1) and 119(2)(c) of the Guiarat Town Planning and Urban Development Act 1976 (hereinafter referred to as the Town Planning Act) are ultra vires and tlfe impugned regulations purported to have ben made under the Town Planning Act are ultra vires Articles 14, 19 and 21 of the Constitution and the said regulations are also ultra vires the Town Planning Act itself. The writ petitioners also made a prayer before the High Court for appropriate writ, order or direction directing the Ahmedabad Urban Development Authority (hereinafter referred to as the Development Authority) not to enforce or implement the said regulations and not to levy or recover any amount as development fee under the said regulations. A prayer was also made for appropriate writ order or direction directln2 the Develo


























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