AIR 1975 GUJARAT 182

Gujarat High Court

Hon'ble Judge(s): J. B. Mehta, P. D. Desai , JJ

(A) Constitution of India , Art.14, Art.19(1)(f), Art.141— Bombay Town Planning Act (27 of 1955) , S.53, S.54— Constitutional validity of - Binding effect of Supreme Court decisions. Bombay Town Planning Act (27 of 1955) , S.53, S.54— In view of decisions in AIR 1967 SC 1373, AIR 1968 SC 303, AIR 1969 SC 634 and (1972) 13 Guj LR 649, it is not open to a petitioner to challenge the validity of any of the sections of the Bombay Town Planning Act on the ground that it infringes upon his fundamental rights.(Para 17) Once the validity of the Act as a whole has been upheld after considering the various provisions of the Act and @page-Guj183 taking into account both the procedural as well as substantive aspects, it cannot possibly be urged that the validity of a particular section is still open to challenge because it has not been specifically considered. Merely because certain aspect based on guarantee contained in Art. 19 (1) (f) was not expressly considered will not take away the binding effect of the decisions upholding the validity of the Act, more so when such decisions are those of Supreme Court. The challenge to the constitutional validity of Sections 53 and 54 must, therefore, fail on the ground that it is concluded by the decisions of the Supreme Court as well as of....