IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No 1170 of 1981 For Approval and Signature: HON'BLE MR.JUSTICE M.C.PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- STATE OF GUJARAT Versus RAGHAVBHAI NARANDAS PARMAR -------------------------------------------------------------- Appearance: 1. First Appeal No. 1170 of 1981 MR D.A. DESAI, LD. AGP for Petitioner No. 1-2 MR VC DESAI for Respondent No. 1-6 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE M.C.PATEL Date of decision: 25/03/2004 ORAL JUDGEMENT 1. Learned City Civil Judge, Court No. 14, by his judgment & decree dated 12-10-1980 passed in Civil Suit No. 2659 of 1976, held that the Notification dated 22-4-1976 issued by the State of Gujarat under section 3 of the Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973 in respect of the respondent / plaintiff's chawl declaring it to be a slum area was illegal and invalid, because there was no material before the State Government for issue of this notification, and the notification suffered from the vice of non-application of mind. State of Gujarat has therefore filed this appeal challenging the said judgment & decree. 2. Morethan 27 years have passed since the date of notification and by now, in all probability, the condition of the locality in question must have altered and the issue has probably become mere academic. Under the circumstances the appeal is dismissed as infructuous, without expressing any opinion on the issues raised and decided in the suit, leaving it open to the Government to issue a fresh notification, if necessary, in accordance with law. No order as to costs. Dt: 25-3-2004 ( M.C. Patel, J ) /vgn