https://www.taxtmi.com/caselaws?id=170185 Under the Gujarat Town Planning and Urban Development Act, the State Government's power to publish substantial modifications to a development plan depends on forming an opinion, on relevant material, that such modifications are necessary. That opinion must reflect application of mind and must be disclosed by the order itself; later explanations cannot cure a missing foundation. On the record, no material showed a genuine satisfaction that substantial modifications were required, and the notifications did not disclose the requisite opinion. The notifications were therefore void and ultra vires because the condition precedent for exercise of power under the proviso to Section 17(1)(a)(ii) was not satisfied. en-us Fri, 14 Mar 2008 00:00:00 +0530 Tue, 03 Nov 2015 11:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170185 Under the Gujarat Town Planning and Urban Development Act, the State Government's power to publish substantial modifications to a development plan depends on forming an opinion, on relevant material, that such modifications are necessary. That opinion must reflect application of mind and must be disclosed by the order itself; later explanations cannot cure a missing foundation. On the record, no material showed a genuine satisfaction that substantial modifications were required, and the notifications did not disclose the requisite opinion. The notifications were therefore void and ultra vires because the condition precedent for exercise of power under the proviso to Section 17(1)(a)(ii) was not satisfied. Case-Laws Indian Laws Fri, 14 Mar 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170185