Ahmedabad: The Gujarat High Court on Friday issued notice to the Advocate General of the state on a petition, challenging the constitutional validity of the Gujarat Special Economic Zone(SEZ) Act, 2004.

The division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala has asked the Advocate General Kamal Trivedi to file the reply within three weeks.

Shabbir Kalifa, a resident of Kutch, has filed a petition through advocate Hashim Qureshi, claiming that the issues touched upon by the Gujarat SEZ Act, 2004 belong to the subjects which, under the scheme of Constitution, fall under the purview of Central Government.

"State Government should not have enacted this law in the first place as all issues covered in the Act are sole subjects of the Central Government," Qureshi argued before the court.

"Moreover, following the enactment of Central SEZ Act in 2006, the state Act should have been repealed, which Gujarat Government has not done till date," he said.

He further argued that, "two set of Acts touching upon the similar issues are in place which has conflicting provisions. And many industrial houses are misusing these conflicting provisions to their advantage."

The petitioner has demanded the repeal of the said Act. Further hearing on the petition is likely to be taken up after three weeks.


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