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Patel Ambalal Gokalbhai v. State Of Gujarat And Others

Patel Ambalal Gokalbhai v. State Of Gujarat And Others

(Supreme Court Of India)

Civil Appeal No.1869 of 1970 | 13-01-1982

1. In the writ petitions that were filed in the High Court both the Gujarat Amending Acts, namely Gujarat Act No. 16 of 1960 and Gujarat Act No. 36 of 1965, whereby the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act No. 67 of 1948) was amended, were challenged and the validity thereof was challenged on the ground that the provisions thereof offended Articles 14, 19 and 31. The challenge has been negatived by the Gujarat High Court. In so far as Act No. 16 of 1960 is concerned the challengel has been negatived on the ground that it has been included in the Ninth Schedule. of the Constitution and so far as Act No. 36 of 1965 is concerned the challenge has been negatived on the ground that it formed a chain in the agrarian reform and as such it was protected by Art. 31A (1) (a) and that the same was clarificatory in nature. We are satisfied with the reasons which have been given by the High Court upholding the validity of both thes and find no. ground for interference. It is unnecessary to dilate on the reasons given by the High Court over again. The appeal is therefore dismissed with no. order as to costs.

2. Appeal dismissed.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE V. D. TULZAPURKAR
  • HON'BLE JUSTICE A. N. SEN
Eq Citations
  • (1982) 3 SCC 316
  • (1982) 2 GLR 123
  • AIR 1982 SC 1090
  • 1983 GLH 34
  • 1982 (1) SCALE 513
  • LQ/SC/1982/16
Head Note

Constitution of India — Arts. 14, 19 and 31 — Bombay Tenancy and Agricultural Lands Act, 1948 (67 of 1948) — Gujarat Amending Acts, 1960 and 1965 — Gujarat High Court, held, was justified in upholding the validity of both the Acts on the ground that they formed a chain in the agrarian reform and as such were protected by Art. 31-A(1)(a) and that the same were clarificatory in nature — Gujarat Amending Act, 1960 was included in the Ninth Schedule