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.