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1993 Supreme(SC) 504

K.RAMASWAMY, S.MOHAN
Navalshankar Ishwarlal Dave – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Anip Sachthey, C.H.PATEL, M.N.SHROFF, MINAKSHI ARORA, P.S.POTI, RIMA BHANDARI, S.GANESH RAO

Judgment

K. RAMASWAMY, J.:- Since common questions of law arise from the same facts, the appeals are disposed of by a common judgment.

2. In exercise of the powers under S. 3(1) of Gujarat Prevention of Anti-social Activities Act, 16 of 1985, for short PASA and the notification of the Govt. of Gujarat under S. 3(2) dated May 20, 1985, the District Magistrate, Rajkot by his proceedings dated September 22, 1992 ordered detention of the appellants on his finding that "from the evidence produced before me I am satisfied as per the definition of property grabber under S. 2(h) of the PASA and considering the seriousness of your activities under S. 2(I) for the unauthorised structures.... it clearly appears that you are habitual to grab the Govt. land by creating false partnership firm ......People are feeling insecurity of their properties. The situation in this case is very tense. and in such circumstances if any actions are taken according to law then there is great possibility of great blast and public order is likely to be adversely affected. For creating such situation your illegal activities are solely liable. Therefore, to prevent the other properties being grabbed in future by you













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