Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6045 OF 2002
Musamiya Imam Haiderbux Rizvi ...Appellant(s)
Versus
State of Gujarat and Anr. ...Respondent(s)
With Civil Appeal No.6046 of 2002
O R D E R
Heard learned counsel on both sides.
Having considered the matter at length, we are of the
view that Constitution (Sixty-sixth Amendment) Act, 1990,
[for short, `1990 Act'] is not violative of the basic
structure of the Constitution. In this connection, we have
examined the test propounded by I.R. Coelho (Dead) by Lrs.
vs. State of Tamil Nadu, reported in 2007 (2) SCC 1. Having
regard to the tests laid down by that judgment, we uphold the
constitutional validity of 1990 Act, insofar as it inserts
Gujarat Devasthan Inams Abolition Act, 1969 [for short, `1969
Act'] and Gujarat Devasthan Inams Abolition (Amendment) Act,
1977, in the Ninth Schedule of the Constitution. Before
concluding, we may mention that certain proceedings are
pending before the Collector, Ahmedabad, which is the
competent Authority under 1969 Act. The competent Authority
...2/-
- 2 -
[Collector] will decide expeditiously the pending claim of
the appellant(s) on merits and in accordance with law. We
express no opinion on the merits of the claim and on that
aspect all contentions on both sides are kept open.
The civil appeals are, accordingly, disposed of.
No order as to costs.
....................CJI.
[S.H. KAPADIA]
......................J.
[K.S. RADHAKRISHNAN]
......................J.
[SWATANTER KUMAR]
New Delhi,
July 27, 2010.