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2003 Supreme(Guj) 599

BHAWANI SINGH, J.N.BHATT
PRANJIVAN HARJIVAN PARMAR – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.Y.KOGJE, D.N.Patel, P.H.Parmar, R.M.CHHAYA, S.N.SHELAT, Shruti D.Trivedi

J. N. BHATT, J.

( 1 ) PREAMBULATOTY Profile : the challenge in this Public Interest Litigation is referable to judicial scrutiny, determination and adjudication of the constitutionality of the exercise of legislative jurisdiction in enacting a statute for regularisation of unauthorised developments in urban development areas or development in other parts of the state and known as "the Gujarat Regularisation of Unauthorised Development act, 2001" ("impugned Act") in the backdrop of two celebrated jurisprudential doctrines, viz. : (i) judicial review, and (ii) Ultra vires concept, which manifestly and evidently bring into sharp focus in microscopic evaluation a promising and panoramic profile of the issue :-"political review of Judicial pronouncements by legislative power or judicial review of legislative jurisdiction and competence of two out of three chief organs of the State, viz. : Legislature and the Judiciary. "

( 2 ) THE petitioner claims to be a social worker and holding the office of president of Akhil Bhartiya Vishwakarma Parivar and Managing Trustee of vishwakarma Vidyapith. He is a retired Architectural practitioner since 1967, and also, claims to have rich and wide experi




























































































































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