(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) Issue notice returnable on April 13, 2012.
Since in this application, the petitioner has challenged the provisions contained in Gujarat Local Authorities Laws (Amendment) Act, 2011 as ultra vires the Constitution of India, let notice be also issued upon the learned Advocate General of the State.
After hearing Mr.Mehta, the learned Advocate appearing on behalf of the petitioner and after going through the materials on record and also taking into consideration the principle laid down by the Supreme Court in the case of New Manek Chowk Spg. And Wvg. Mills Co. Ltd., vs. Municipal Corporation of the city of Ahmedabad & Ors. (AIR 1967 SC 1801), we find that the petitioner has made out a strong prima facie case to have stay of operation of the demand on condition that the petitioners will deposit 50% of the amount demanded within a period of fortnight from today and will give security by way of bank guarantee to the balance 50% within the aforesaid period. There will be, however, unconditional stay of execution for a period of fortnight from today. In default of giving security or deposit of the amount within the aforesaid period, the interim order will stand vacated after the expiry of fortnight from today. If the aforesaid condition is fulfilled, the above interim order will continue till the disposal of the application.
Direct Service is permitted, TODAY.
(Bhaskar Bhattacharya, Acting C.J.) (J.B.
Pardiwala, J) Aakar Top