RATNA BAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Constitutional validity of the Kerala Land Reforms (Amendment) Act, 1999 is questioned in these petitions. It is the contention of the petitioners that the above Act is unconstitutional and unenforceable. The Kerala Land Reforms Act, 1963 was exhaustively amended by Act No.35 of 1969 with effect from 1st January, 1970. Next major amendment was the Kerala Land Reforms (Amendment) Act, 1989 dated 30th May, 1989 (Act No.16 of 1989). The Kerala Land Reforms (Amendment) Act, 1999 (hereinafter referred to as the impugned Amendment Act) deals with the rights of karaima holders only. In the original Act, karaima was not separately defined. By Act 35 of 1969, S.2 (23A) was introduced defining karaima as follows:

(2.) An explanation and proviso was added to Cl.(23A) of S.2 by Act No.16 of 1989 with effect from 30th May, 1989 giving an additional right to karaima holders to purchase the land in their possession as on 24th January, 1989 which is appurtenant to karaima land as described in the document. Explanation added by Act No.16 of 1989 is as follows:

(3.) In the impugned Amendment Act of 1999 which was not included in the Ninth Schedule, definition of karaima was substituted and redefined as follows:-