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2016 Supreme(P&H) 3198

S.S.SARON, AUGUSTINE GEORGE MASIH, PARAMJEET SINGH DHALIWAL, REKHA MITTAL, LISA GILL
Suraj Bhan – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
Soli Sorabjee, Puneet Bali, Devadutt Kamat, Vibhav Jain, Arun Gupta, K.P.S. Kohli, G.S. Hooda, Hitesh Verma, Mahavir Sandhu, R.S. Sihota, B.R. Rana, Amandeep Sharma, P.S. Khurana, Jitender S. Chahal, Kulbhushan Sharma, Tara Chand Dhanwal, Vijay Singh Kajla, Vikram Singh, Ms. Ramandeep Kaur, Johan Kumar, Ashok Singla, Gaurav Bansal, Ms. Gitanjali, Raman B. Garg, Ashish Aggarwal, Kulwant Singh, Govind Chauhan, R.S. Kundu

JUDGMENT :

S.S. SARON, J.

1. The petitioners-Suraj Bhan and others seek issuance of an appropriate writ, order or direction, especially in the nature of certiorari for declaring the provisions of the Haryana Municipal (Amendment) Act, 1999 (Act No.17 of 1999) ("Amendment Act 1999" - for short) to be ultra vires and violative of Article 31A of the Constitution of India. The aforesaid Amendment Act 1999, according to the petitioners, infringes their fundamental rights as enshrined in Article 31 (sic.) of the Constitution inasmuch as the same is neither directed towards agrarian reforms simpliciter nor is for the development of rural economy. The Amendment Act 1999 in question is, therefore, liable to be declared ultra vires and it does not affect the proprietary rights of the petitioners in respect of the land to which they lay their claim. Besides, it is claimed that a direction is liable to be issued to the respondents to revert back the ownership of the land which they claim in their favour in terms of the revenue records. The respondents are also liable to be restrained from in

















































































































































































































































































































































































































































































































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