ORDER :

SUNITA AGARWAL, CJ.

1. This is a writ petition filed by four persons claiming to be agriculturalist and owners of agricultural land and the petitioners claim that the land in question is their ancestral property. The reliefs prayed in the writ petition are as under:-

“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; (Annexure-A)

b) Be pleased to declare The Gujarat Town Planning and Urban Development Act, 1976 as ultra vires the Constitution of India, 1950;(Annexure-B)

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;(Annexure-B)

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; (Annexure-C)

e) Be pleased to declare Section 12(2)(m) and Section 116A of The Gujarat Town Planning and Urban Development Act, 1976 as ultra vires the Constitution of India, 1950;

f) Be pleased to quash and set aside impugned notification dated 12.10.17 to the extent Respondent No. 3 is placed in the category specified as D2 instead of earlier classification/categorization as Category D4; (Annexure-E)

g) Be pleased to quash and set aside Clause 6.17.4 of the Comprehensive General Development Control Regulations-2017 to the extent it provides for contribution of land to the extent of 40% by the owner if the land falls in D1 and D2 category; (Annexure-D)

h) Be pleased to quash and set aside order dated 12.12.2022 bearing no. BAUDA/Z-4/Plot Validation-F.K.No.95-22/C.V./Vashi passed by Respondent no.3 to the extent that it provides for Petitioners to hand over 40% of Land bearing Survey no. 435 (Old no. 666), Situated at Mauje: Ankleshwar, District: Bharuch, admeasuring 11188 Sq. Mtrs. to Respondent no.3; (Annexure-E)

i) Pending admission, hearing and final disposal of this Petition, be pleased to stay the effect, operation, implementation of order dated 12.12.2022 bearing no. BAUDA/Z-4/Plot Validation-F.K.No.95-22/C.V/Vashi passed by Respondent no.3 to the extent that it provides for Petitioners to hand over 40% of Land bearing Survey no. 435 (Old no. 666), Situated at Mauje: Ankleshwar, District: Bharuch, admeasuring 11188 Sq. Mtrs. to Respondent no.3; (Annexure-E)

j) Pending admission, hearing and final disposal of this Petition, be pleased to stay the effect, operation, implementation of impugned notification dated 12.10.2017 to the extent that Respondent no.3- BAUDA is placed in D2 category by shifting it from D4 category;(Annexure-E)

k) Pending admission, hearing and final disposal of this Petition, be pleased to stay the effect, operation, implementation of impugned Clause 6.17.4 of the Comprehensive General Development Control Regulations-2017 to the extent it provides for contribution of land to the extent of 40% by the owner if the land falls in D1 and D2 category; (Annexure-D)

I) Pending admission, hearing and final disposal of this Petition, be pleased to direct the Respondents to maintain status quo in the Land bearing Survey no. 435 (Old no. 666), Situated at Mauje: Ankleshwar, District: Bharuch, admeasuring 11188 Sq. Mtrs. in question and no further steps may be taken with respect to the land in question;”

2. At the outset, we may note that besides challenging the validity of the Gujarat Town Planning and Urban Development Act, 1976 (for short ‘the Act, 1976’) and the notification dated 30.01.1978 passed under Section 1(3) of the Act, 1976, the petitioners have also challenged the notification dated 12.10.2017 of the State Government whereby the Bharuch Ankuleshwar Urban Development Authority (BAUDA) has been placed in