Supreme Court of India

Bhikhubhai Vithlabhai Patel & Ors. v. State of Gujarat & Anr.

Neutral citation

Reported as [2008] 4 S.C.R. 1051

Bench S.H. Kapadia and B. Sudershan Reddy JJ.

Decided 14 March 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the construction placed on the c expression "reason to believe" will equally be applicable to the expression "is of opinion" employed in the proviso to Section 17 (1) (a) (ii) of the Act.

Judgment, page 22

From the headnote

Gujarat town Planning and Urban Development Act, 1976 - s. 17 (1) (a) (ii) proviso ands. 12 (2) (o) - ReseNation of land by Development Authority for residential purpose - State c Government reseNing the same for South Gujarat University - Failure to acquire the land - Re-reseNation thereof for the same purpose - Struck down by Supreme Court - State Government modifying the re-reseNation and designating the land for educational use - Propriety of - Held: State Government has wide powers in the matter of the draft ~ r development plan - However, substantial modification therein is permissible

Authorities it was built on

2002 Bhavnagar University v. Palitana Sugar Mill Pvt, Ltd. and Ors. cited by 69
1951 Commissioner of Police, Bombay v. Gordhandas Bhanji cited by 51
1976 Income Tax Officer, I Ward, Dist. Vi, Calcutta & Ors. v. Lakhmani Mewal Das cited by 8

Where later benches applied it

2012 Chairman, Lic of India & Ors. v. A. Masilamani relied on
2014 Ahmedabad Municipal Corporation & Anr. v. Ahmedabad Green Belt Khedut Mandal & Ors. referred to
2019 Moons Technologies Ltd. (formerly Known as Financial Technologies India Ltd.) & Ors. v. Union of India mentioned
2008 Ranganayakamma and Another v. K.S. Prakash (d) by L.rs. and Others mentioned

Of those, 1 relied on · 1 referred to · 2 mentioned

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