The Supreme Court on Monday affirmed the constitutional validity of a 1991 Gujarat law concerning properties in disturbed areas, dismissing a plea that sought to suspend specific provisions of the legislation. Justices Dipankar Datta and Prashant Kumar Mishra presided over the hearing, emphasizing the inherent presumption of constitutionality that supports every legislative enactment.
The challenge arose from a Gujarat High Court decision dated October 28, which denied a request to temporarily suspend certain sections of the Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in the Disturbed Areas Act. This law restricts the transfer of immovable property in designated disturbed areas within the state.
During the proceedings, Justice Mishra questioned the feasibility of suspending legislative provisions through an interim order, highlighting the necessity to address the merits of the case in detail. The apex court noted that while the main petition against the 1991 Act is still pending, the petitioners have the option to request an expedited hearing from the Chief Justice of the High Court.
The Supreme Court’s bench expressed reluctance to interfere with the High Court’s previous ruling, suggesting that the petitioners focus on pursuing a swift resolution through the lower court. “Are you not interested in an early hearing before the high court?” the bench inquired, prompting the petitioner’s counsel to affirm their desire for a prompt review of the main matter.
