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september 2009

Supreme Court of India · 2009-09-04

MORBI NAGARPALIKA vs BHAVANBHAI KHODABHAI PATEL & ANR. ETC.

Citation / case number
SC 2008/26905
Court
Supreme Court of India
Petitioner
MORBI NAGARPALIKA
Respondent
BHAVANBHAI KHODABHAI PATEL & ANR. ETC.

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: (1) whether property vested in the Municipality during supersession vests in the State Government, and (2) whether the Administrator was authorized to 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.

MORBI NAGARPALIKA vs BHAVANBHAI KHODABHAI PATEL & ANR. ETC. · Niyam