Pertinently, apart from holding that there is no repugnancy between the law and Central laws, the Court also held that the 2020 Act cannot be hit by Article 254 of the Constitution (inconsistency between laws made by Parliament and laws made by the Legislatures of States) for want of presidential assent.
A bench of Chief Justice Sunita Agarwal and AP Mayee pronounced the judgment on a batch of over 150 petitions that had questioned the validity of the law.
“We do not find any good ground to hold the Gujarat Land Grabbing Act, 2020 and its allied rules as unconstitutional. Considering the pith and substance of the land grabbing Act, we hold that it is relatable to entries 18, 64 and 65 of List II of VII Schedule (of the Constitution of India) and as such there is no question of repugnancy to the Central laws such as the Limitation Act or CPC or CrPC or Transfer of Property Act, Specific Relief Act or the Evidence Act … On a comparative view, we also find that the same legislation’s validity with pari meterial provisions has been upheld even in Assam, Andhra Pradesh and Karnataka. We therefore dismiss all the writ petitions,” the Court said.
Source: Barandbench
