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2000 Supreme(Guj) 937

ANIL R.DAVE, D.M.DHARMADHIKARI
AHMEDABAD GREEN BELT KHEDUT MANDAL – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.DESAI, A.J.PATEL, C.C.BHALJA, N.V.Anjaria, P.G.DESAI, R.H.SANJANVALA, R.S.SANJANWALA, RAJA RAMCHANDRAN, S.H.SANJANWALA, S.N.SHELAT, Y.N.OZA

D. M. DHARMADHIKARI, J.

( 1 ) ). THIS petition under Art. 226 of the constitution had been preferred by an Association of Land Owners within the development area of Ahmedabad Development Authority. This petition shall also decide the group of other petitions mentioned above as common questions of law arise for decision.

( 2 ) ). The petitioners challenge the constitutional validity of the provisions of Sec. 12 of the Gujarat Town Planning and Urban Development (Amendment) act, 1999 (Gujarat Act No. II of 1999), whereby amongst other provisions, amendment has been introduced by substituting impugned clause (jj) in sub- sec. (3) of Sec. 40 of the Parent Act, i. e. . The Gujarat Town Planning and urban Development Act, 1976 (hereinafter referred to shortly as the Parent act and the amendment Act respectively ). The Parent Act of 1976 in the state of Gujarat is successor to the Bombay Town Planning Act of 1954 which was applicable to the new State of Gujarat. The Preamble of the Parent Act indicates, the object of the Act to be one enacted to consolidate and amend the law relating to the making and execution of development plans and Town planning Schemes in the State of Gujarat. It is a









































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