Search Results Page

Search Results

1 - 9 of 9 (0.35 seconds)

Bhikhubhai Vithlabhai Patel & Ors vs State Of Gujarat & Anr on 14 March, 2008

The Apex Court in the case of Bhikhubhai Vithlabhai Patel and others Vs. State of Gujarat and another reported in (2008) 4 Supreme Court Cases 144 declared the decision of the State Government as ultra vires. In the said case, the appellants were deprived of their right to use the land for residential purposes for over a period of more than a quarter century. The authority included the land in the residential zone but the State Government reserved the land for the purpose of South Gujarat University. Hence, the land was de-reserved. The move of the State Government to designate the land for the educational use was declared ultra vires and void and the (15 of 23) [ CW-1312/2014] controversy was put to an end by enabling the appellants to utilise the land for residential purposes. The move of the State was set aside by holding that the Government had formed an opinion without applying its mind to the aspect of necessity and without forming an honest opinion on the question. While setting aside the action of the Government, the basic principle laid down in the Administrative Law (9th Edn.) by Prof. Sir Willian Wade was referred as under :-
Supreme Court of India Cites 26 - Cited by 197 - B S Reddy - Full Document
1