Imam Haiderbux Razvi Vs. State of Gujarat & ANR.  INSC 601 (27 July
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
learned counsel on both sides.
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 [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.
appeals are, accordingly, disposed of.
as to costs.
....................CJI. [S.H. KAPADIA]
......................J. [K.S. RADHAKRISHNAN]
......................J. [SWATANTER KUMAR]
July 27, 2010.