STATE OF GUJARAT Vs. MANOHARSINHJI PRADYUMANSINHJI JADEJA

JUDGEMENT

(1.) THE State of Gujarat has come in appeal against the judgment and order dated 6th May 1999 passed by the learned Single Judge in Special Civil Application No.4015 of 1990 whereby the petition was allowed and the judgment and order dated 8th September 1989 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.B.R.4 of 1989 confirming the orders at Annexures.A and B in Special Civil Application as had been passed by the Dy.Collector, Mamlatdar and ALT in so far as the bid land Survey No.111/2 admeasuring 30 acres and 30 gunthas and Survey No. 111/3 admeasuring 529 acres and 27 gunthas are concerned was quashed and set aside and the Rule was made absolute.

(2.) THE controversy between the parties hinges around the provisions of the Gujarat Agricultural Lands Ceiling Act, 1960 and the amendment made therein vide Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972 and the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and the Urban Land (Ceiling and Regulation) Repeal Act, 1999. The Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act No.XXVII) of 1961 came into force on 15th June 1961. The Gujarat Agricultural Lands (Ceiling Amendment) Act, 1972, i.e. the Gujarat Agricultural Lands Ceiling Amendment Act, 1972 (Gujarat Act No.2) of 1974 came into force on 1.4.1976. On 14th August 1972, a resolution was passed by the Gujarat State Legislative Assembly under Clause (1) of Article 252 of the Constitution and that resolution dated 14th August 1972 is reproduced as under:

(3.) LEARNED Addl.Advocate General has submitted that whereas the Urban Land Ceiling and Regulation Act had come into force on 17th Feb.1976 and the Agricultural Lands Ceiling Act which was enacted in 1960 was amended on 23rd Feb.1974, even if it was brought into force on 1.4.1976, i.e. the date after 17th Feb.1976, whereby the definition of land was amended so as to include bid lands, it cannot be said that the State Legislature could not amend the definition with regard to bid lands in the Act merely because the resolution had been passed by the Assembly on 14th Aug.1972. By passing the said resolution, the State Legislature cannot be said to have abdicated its powers with regard to making amendment in the Act of 1960 and it was also submitted that the amendment was only with regard to the definition of the land and there was amendment with regard to the subject to ceiling of the agricultural land. He has submitted that no changes have been made so far as the provision relating to the Ceiling Act is concerned and that the State Legislature is not wholly denuded from the power of making any enactment on the aspects other than the aspects which directly deal with the question of ceiling. In Part -XI, i.e. Relations between the Union and the States under Chapter 1, distribution of Legislative Powers, through Article 245, the extent of laws made by Parliament and by the Legislatures of States has been provided and this Article 245 is reproduced as under: