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december 1985

Supreme Court of India · 1985-12-20

PRAKASH AMICHAND SHAH vs STATE OF GUJARAT & ORS.

Citation / case number
SC 1977/61716
Court
Supreme Court of India
Petitioner
PRAKASH AMICHAND SHAH
Respondent
STATE OF GUJARAT & ORS.
Bench
REDDY, O. CHINNAPPA ,VENKATARAMIAH, E.S. ,ERADI, V. BALAKRISHNA ,MISRA, R.B. ,KHALID, V.

Judgment text excerpt

The Supreme Court examined the constitutionality of the Town Planning Scheme No. VIII (Umarwada) under the Bombay Town Planning Act, 1954, specifically Sections 32 and 53, in relation to Articles 14, 19(1)(f), and 31 of the Constitution of India. The Court held that the scheme did not violate constitutional provisions, affirming the binding nature of precedents such as Shantilal Mangaldas’s case. It concluded that the absence of solatium in the Town Planning Schemes compared to the Land Acquisition Act does not render the scheme discriminatory or unconstitutional.

PRAKASH AMICHAND SHAH vs STATE OF GUJARAT & ORS. · Niyam