SHRIKANT BHALCHANDRA KARULKAR VRANDAVANDAS KIKABHAI SHROFF Vs. STATE OF GUJARAT:SHRI KHAN MEMLATEDAR AND AGRICULTURAL LAND TRIBUNAL DISTRICT SURAT

JUDGEMENT

(1.) The appellants challenged the validity of S. 6 (3-A) , 4, 10 and 11 of the Gujarat Agricultural Lands Ceiling Act, 1960 (the Act) by way of writ petitions under Article 226 of the Constitution of India before the Gujarat High court on the ground that these provisions were extraterritorial in their operation and, as such, were beyond the legislative competence of the Stale Legislature under Article 245 (1 of the Constitution of India. The High court upheld the validity of the provisions and dismissed the writ petitions. These appeals by way of special leave are against the judgment of the High court.

(2.) The appellants are the owners of agricultural lands in the State of Gujarat. They also hold agricultural land in another part of India outside the State of Gujarat. Section 6 (3-A) of the Act was inserted by the Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972 which provides for computing the ceiling area of a person who also owns land in another part of India outside the State of Gujarat. It lays down that for computing the ceiling area of such a person in the State of Gujarat, his holding in another part of India has also to be taken into account. In respect of some of the appellants notices were issued by the State of Gujarat for reopening the ceiling cases under the amended provisions. In respect of other petitioners either notices were issued under the amended provisions to enable them to file their objections or final orders were passed pursuant to the said provisions

(3.) Section 6 (3-A) of the Act is reproduced hereunder: