MAHARAO SAHIB SHRI BHIM SINGHJI ANANTALAKSHMI PATHABI RAMASHRRMA YOTURI JODHAN REAL ESTATE DEVELOPMENT CO PRIVATE LIMITED RAJENDRA GARG SHAMSHUL ISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) We hold that the entire Urban Land (Ceiling and Regulation) Act of 1976 is valid save and except Section 27 (1) insofar as it imposes a restriction on transfer of any urban or urbanisable land with a building or of a portion of such building, which is within the ceiling area.

(2.) We have perused the judgment prepared by Brother Tulzapurkar with care but, with respect we are unable to agree with him that the Urban Land Ceiling and Regulation) Act, 33 of 1976, does not further the Directive Principles of State Policy in Clauses (b) and (c) of Art. 39 of the Constitution. The vice from which a provision here or a provision there of the impugned Act may be shown to suffer will not justify the conclusion that the Act is not intended to or does not, by its scheme, in fact implement or achieve the purposes of Clauses (b) and (c) of Art. 39.

(3.) The definition of 'family' in Section 2 (f) , which in relation to a person means the individual, the wife or husband, as the case may be, of such individual mid their unmarried minor children, will not necessarily lead to concentration of wealth in the hands of a few persons or families. Such is not the intendment, nor the drive, nor the direct and inevitable consequence of the aforesaid definition of 'family'.