NAGBHAI NAJBHAI KHACKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) A short question which arises for determination in this batch of cases is whether bid lands were required to be taken into consideration for the purpose of land ceiling under the Gujarat Agricultural Lands Ceiling Act, 1960, as amended vide Act 2 of 1974, which came into force from 1.4.1976.

(3.) At the outset, we may state that writ petitions were filed in the High Court inter alia challenging the provisions of the Gujarat Agricultural Lands Ceiling Amendment Act 2 of 1974 as violative of Articles 14 and 19 of the Constitution. We may state that Amending Act 2 of 1974 has been included as Item No. 71 in the Ninth Schedule to the Constitution of India by the Constitution Thirty-fourth Amendment Act. That inclusion was challenged before the Constitution Bench of this Court on the ground that Thirty-fourth Amendment to the Constitution violated the basic structure of the Constitution which challenge has now been given up in view of the judgment of this Court in the case of I.R. Coelho (Dead) by Lrs. v. State of Tamil Nadu reported in, (2007) 2 SCC 1.