THAKOREBHAI KEVELBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 32 of the Constitution of India the petitioner has challenged the constitutional validity of the Gujarat Vacant Lands in Urban Areas (Prohibition of Alienation) Act, 1972 Gujarat Act No. 12 of 1972 - hereinafter referred to as the Act - on the ground that it violates the fundamental rights of the petitioner granted under Articles 14 and 19 of the Constitution. In the writ petition the petitioner claims that he owns 9559 square yards of land situate in District Bulsar, sub-district and Taluka Navsari, village Kahilpore. He intends to sell the said land but is unable to do so because of the prohibition of alienation imposed under the Act.

(2.) Mr. S. Sen, learned counsel for the petitioner conceded, and in our opinion rightly, that the since the proclamation of Emergency is in operation under Article 358 of the Constitution. Fundamental right guaranteed under Article 19 is under suspension and therefore the Act could not be assailed for infraction of Article 19 even if there be any. Counsel, however, submitted that it does violate the guarantee of equal protection of the law and offends Article 14. In the Act under Section 2 is embodied a declaration that the Act is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of Article 39 of the Constitution and consequently Article 31C would save the Act from attack on account of the infraction of Article 14. But it was submitted that the Act is not directly relatable to the object of Article 39 (b) and (c) and hence Art. 31C cannot protect it. In our opinion it is not necessary in this ease to take recourse to Art.31C for upholding the constitutional validity of the Act as it does not infringe the equal protection of law guaranteed under Art.15 of the Constitution.

(3.) Learned counsel for the petitioner endeavoured to make out the following points for attacking the Act as being violative of Article 14: