SUKHDARSHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In these appeals the appellants have questioned the validity of S. 15 (as amended) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973. It is not disputed that this Act was enacted by the Rajasthan Legislature for bringing about agrarian reforms in the State of Rajasthan. The validity of some of the provisions of the Act came up for consideration before this Court in Bansidhar v. State of Rajasthan, (1989) 2 SCC 557: (AIR 1989 SC 1614) before a Constitution Bench of this Court and this Court made declaration that the Rajasthan Imposition of Ceiling Agricultural Holdings Act, 1973 was a legislation which was made for the purpose of bringing out agrarian reform. In view of the above finding, it is clear that the provisions including S. 15 (as amended) contained therein are protected by Art. 31(A)(1)(a) of the Constitution notwithstanding the fact that some of these provisions contravened Arts. 14 and 19.

(2.) 'The grounds urged in respect of the appeal are that S. 15 (as amended) in question was violative of Art. 14. Since the provisions of the Act as already, stated are protected by Art. 31(A)(1)(a), the attack does not survive. The High Court was therefore right in upholding the validity of S. 15 of the Act. Therefore, there is no ground to interfere with the judgment of the High Court. These appeals fail and are dismissed. Interim orders passed, if any, in these cases stand vacated.