STATE OF U.P. Vs. RAJESH PACHAURI

JUDGEMENT

(1.) THIS appeal by the State of Uttar Pradesh is directed against a judgment delivered by a Division Bench of the High Court of Allahabad answering four questions referred to it for its opinion by a Single Judge of that High Court in Civil Miscellaneous Writ Petition No. 9257 of 1975. These four questions arise out of challenge to the Constitutional validity of certain provisions of U.P. Act No. 1 of 1971 as amended by U.P. Act No. 18 of 1973 and U.P. Act No. 2 of 1975 (hereinafter referred to as the amended U.P. Imposition of Ceiling on Land Holdings Act) and they are in the following terms:

(2.) WHETHER ignoring transfer made after 24th January, 1971, other than those excepted under Proviso to Section 5(6) of the Act both in relation to the determination of ceiling and surplus area, would amount to acquiring any portion of land under personal cultivation within the ceiling limit applicable to a person under the ceiling law for the time being in force?

(3.) WHETHER , inspite of protection having been given under Article 31C of the Constitution to U.P. Act No. 18 of 1973 and U.P. Act No. 2 of 1975 by virtue of a declaration made in Section 2 of each of these Acts that these Acts are 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, is it still necessary to comply with the provisions of the second proviso to Article 31A of the Constitution?