Gujarat properties law: Presumption of constitutionality attached to every enactment, says Supreme Court
Supreme Court on Monday said and dismissed a plea against a Gujarat High Court order refusing to suspend certain provisions of a 1991 state law over properties in disturbed areas. While hearing the challenge, Justices Dipankar Datta and Prashant Kumar Mishra, asked, «How can, by an interim order, certain provisions be suspended?»
«There is a presumption of constitutionality attached to every enactment,» it observed.
The high court on October 28 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.
The high court noted as far as the relief prayed for the suspension of certain provisions of the 1991 Act — vires of which were challenged in the writ petition itself — goes, the merits of the writ petition was required to be addressed.
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