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april 1985

Supreme Court of India · 1985-04-09

BABUBHAI & CO. & ORS. vs STATE OF GUJARAT & ORS

Citation / case number
SC 1972/60428
Court
Supreme Court of India
Petitioner
BABUBHAI & CO. & ORS.
Respondent
STATE OF GUJARAT & ORS
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Section 54 of the Bombay Town Planning Act, 1954, and Rule 27 of the Bombay Town Planning Rules, 1955, which provide for summary eviction of lands required for public purposes. The Court ruled that the absence of a corrective machinery for appeal or revision does not render the provision unreasonable or arbitrary. It was held that the local authority must adhere to principles of natural justice, including providing a hearing before eviction, but this does not invalidate the statutory provisions in question.

BABUBHAI & CO. & ORS. vs STATE OF GUJARAT & ORS · Niyam