NEW DELHI: The Supreme Court has rejected a plea by Jamiat Ulama-e-Hind Gujarat against a Gujarat High Court order refusing to suspend certain provisions of a 1991 state law over properties in disturbed areas.
A bench of Justices Dipankar Datta and Prashant Kumar Mishra asked, “How can, by an interim order, certain provisions be suspended?” The bench also pointed out that there is a presumption of constitutionality attached to every enactment.
Supreme Court Upholds Gujarat’s 1991 Disturbed Areas Act Amid Legal Challenge
The bench said it is not inclined to interfere with the order passed by the division bench of the High Court, while dismissing the special leave petition.
The bench asked the counsel, are you not interested in an early hearing before the High Court? The counsel replied that they wanted the main matter to be heard soon in the High Court.
The bench said that the main petition was pending before the High Court for the last three years and for an early hearing in the matter, the petitioners could request the High Court’s Chief Justice.
SC Denies Plea Seeking Suspension of Property Transfer Restrictions in Gujarat
"We clarify that if a request for early hearing of the writ petition is made before the bench presided over by the Chief Justice of the High Court, we trust that such request shall be considered," said the bench.
The top court said the petitioners could pursue their pending plea challenging the provisions of the Act before the High Court. The plea before the apex court was filed by Jamiat Ulama-e-Hind Gujarat and others, which was represented by senior advocate Huzefa Ahmadi and advocate Ejaz Maqbool.
In October, the High Court rejected an application seeking suspension of certain provisions of the Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in the Disturbed Areas Act, 1991. The law prohibits the transfer of immovable property in the disturbed areas of the state.
