JUDGMENT :

(PER : HONOURABLE MR.JUSTICE D.N.RAY)

1. Heard Mr. Masoom K.Shah, learned advocate for Mr.Vishwas K.Shah, learned advocate for the petitioners; Mr.Kamal Trivedi, learned Advocate General with Mr. Vinay Vishen, learned Assistant Government Pleader for the respondent-State; Mr. Deep D.Vyas, learned advocate for the respondent No.3 and Mr. Shushil R.Shukla, learned advocate for the respondent No.1.

2. The present petition has been preferred with the following prayers:-

(a) Be pleased to declare the notification no. GHB-19-UDA 1177/646 (1)-Q2 dated 30th January 1978, issued by the State of Gujarat under section 1 sub section 3 of the Gujarat Town Planning and Urban Development Act, 1976, which brings into force the said enactment as ultra vires the Constitution of India, 1950 and/or the Gujarat Town Planning Act, 1976.

(b) Be pleased to declare the Gujarat Town Planning and Urban Development Act, 1976 (President's Act no. 27 of 1976) as ultra vires the Constitution

(c) Be pleased to declare Gujarat State Legislature (Delegation of Powers) Act, 1976 (Act no. 44 of 1976) as ultra vires the Constitution of India.

(d) Be pleased to declare Section 51 OF The Constitution (Forty Second Amendment) Act, 1976 as ultra vires the Constitution and/or violative of the Doctrine of Basic Structure Doctrine.

(e) Be pleased to quash and set aside s. 67 and 68 of the Gujarat Urban Development and Town Planning Act, 1976 as ultra vires the Constitution of India.

(f) Be pleased to declare the Office order no. 3709 dated 4th October 2012 issued by the Respondent no. 4 as ultra vires the Constitution of India, 1950 and/or Gujarat Town Planning Act, 1976 (President's Act).

(g) Be pleased to quash and set aside the impugned notices dated 14th June 2016 [(Annexure P-4 (colly.)] issued by the Respondent no. 2 and hence declare the said impugned notices as illegal and bad in law.

(h) Pending Admission, Hearing and Final disposal of this Petition, Respondents be restrained / injuncted /prohibited to take any further steps under Gujarat Town Planning and Urban Development Act, 1976 against the subject property as described in impugned notices which are annexed at Annexure P-4 (Colly.).

(i) Pending Admission, Hearing and Final disposal of this Petition, be pleased to direct maintenance of the status qua regarding the property in question of the Petitioners as described impugned notices which are annexed at Annexure P-4 (Colly.).

(j) Costs of this Petition be awarded.

(k) Such further and other relief, order or direction which may be just, fit, proper and equitable in the facts and circumstances of the Petition.”

3. It is to be noted that the present petition was a part of a bunch of petitions with somewhat similar omnibus prayers seeking to declare, inter alia, the entire Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as “the Act, 1976) as ultra vires the constitution, however, upon a closer examination of the petition and the immediate trigger, we find that the petition has been filed essentially to challenge the impugned notices dated 14.06.2016 [Prayer 10(g)].

4. In the aforesaid context, the proceedings against the petitioners initiated by the respondent No.3-Corporation are needed to be noted in particular, as under :

4.1 The disputed land originally belonged to agriculturists. One Mr. Dineshbhai Mahendrabhai Patel, on 25.10.1996, developed a scheme under the name and style of Nand Corporation, pursuant to which godowns, roads and other constructions came to be erected. Upon completion of the construction activities, the premises came to be known as “Maharaja Estate.” It was contended that the petitioners have been in continuous possession thereof since then and have regularly paid taxes, electricity charges, water charges and other dues. During the period 2004–2007, AUDA came to be introduced, whereupon the petitioners paid the requisite impact fees to AUDA. Thereafter, upon the area being brought within the limits of AMC, the p