The Gujarat High Court recently heard a Public Interest Litigation (PIL) filed challenging the constitutional validity of the Gujarat Special Investment Region Act, 2009.
They alleged that the Act was ultra-vires to the basic structure of the Constitution of India and various articles of the Constitution.
The petitioners, who claimed to be agriculturists and cultivators from various villages, contended that the notification declaring 22 villages as part of the Dholera Special Investment Region was issued without considering relevant factors.
They argued that the Act violated the provisions of Articles 243(G) of the Constitution.
The respondents, however, submitted that the petition was not maintainable as a public interest litigation.
They argued that the project had been implemented in its true letter and spirit, and that vast developments had taken place over the past 15 years.
The Division Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi observed that the petition had been pending for over 10 years and that the challenge to the Act’s constitutional validity had not been argued on merits.
The court noted that any farmer aggrieved by the implementation of the Town Planning Scheme could bring an individual challenge.
The matter was posted for further hearing in December 20, with the court clarifying that no further adjournments would be granted.
The court also stated that in case of absence of the learned advocate for the petitioners, the court would proceed ex-parte in his absence.
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