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september 2009

Supreme Court of India · 2009-09-04

Morbi Nagarpalika vs Bhavanbhai Khodabhai Patel & Anr. Etc

Court
Supreme Court of India
Petitioner
Morbi Nagarpalika
Respondent
Bhavanbhai Khodabhai Patel & Anr. Etc
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the second appeals without addressing substantial questions of law regarding the jurisdiction of the Administrator under Section 263(2)(c) of the Gujarat Municipality Act, 1963. The Court identified two key questions: whether property vested in the Municipality during supersession vests in the State Government, and whether the Administrator could sell municipal property by private negotiation. The Court allowed the appeals, set aside the High Court's order, and remitted the matter for fresh disposal of the identified questions.

Morbi Nagarpalika vs Bhavanbhai Khodabhai Patel & Anr. Etc · Niyam