Supreme Court of India · 2008-03-14
BHIKHUBHAI VITHLABHAI PATEL vs STATE OF GUJARAT .
- Citation / case number
- SC 2007/9775
- Court
- Supreme Court of India
- Petitioner
- BHIKHUBHAI VITHLABHAI PATEL
- Respondent
- STATE OF GUJARAT .
- Author
- SUDERSHAN REDDY
- Bench
- B. SUDERSHAN REDDY S.H. KAPADIA
Judgment text excerpt
The Supreme Court held that under the Gujarat Town Planning and Urban Development Act, 1976, specifically Section 21, the State and appropriate authority cannot infringe upon the substantial rights of landowners by revising development plans without due process. The Court emphasized that the designation of land lapses after a certain period if not acted upon, and the rights of landowners to have their land defreezed under Section 22 cannot be disregarded. The appeal was allowed, reversing the High Court's dismissal of the appellants' cross-objections.