MUNJUSHREE PLANTATION LIMITED Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In these appeals questions pertaining to the effect of certain laws on the rights of landholders in different capacities in Gudalur Taluk of Nilgiris District are raised.

(2.) It appears that in the erstwhile State of Madras, Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 was passed but later for this area the Tamil Nadu Gudalur Janmarn Estates (Abolition and Conversion into Ryotwari) Act, 1969 was passed. This Act received the assent of the President on 6/12/1969 but the Act was to come into force on a date which was to be notified by the government under S. 1 (4 of the Act but it appears that even before the Act was brought into force the constitutional validity of the Act was challenged by various Janmies and the plantation lessees from Janmies in the Madras High court on the ground that the Act violated Articles 14, 19 and 31 of the Constitution of India. The Madras High court upheld the validity of the Act by its judgment dated 26/10/1970 and on appeal this court by its judgment dated 19/04/1972 upheld the validity of the Act in all respects but it held that S. 3 (vesting section) insofar as it relates to the forests area it could not be regarded as a measure pertaining to agrarian reforms and could not therefore get the protection of Article 31-A of the Constitution and it is only to this limited extent that the Act was declared unconstitutional by this decision in Balmadies Plantations Limited v. State of Tamil Nadu.

(3.) A day after the aforesaid judgment of this Court i. e. on 20/04/1972 the Constitution (Twenty-fifth Amendment) Act came into force by which Article 31-C was introduced in the Constitution. On 7/09/1974 the Janmarn Act of 1969 as it was, was included in the Ninth Schedule of the Constitution by the Constitution (Thirty fourth Amendment) Act and thereafter from 20/11/1974 by a notification under S. 1 (4 the Act was brought into force.