CHUDASAMA SHAMBHAJI KALUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Advocates appearing on behalf of the petitioners in the respective petitions have submitted that in this group of petitions the main and common question that arises is with respect to interpretation of section 6(3-B) of the Gujarat Bands Ceiling Act 1960 (Gujarat Act No. XXVII of 1961) (hereinafter referred to as the Ceiling Act ) and therefore they may be disposed of by a common judgment without entering into facts of each petition because if they succeed in their interpretation it will be necessary to remand the matters to the authority below for deciding the ceiling area in each individual case. I have therefore heard all these petitions together and they are disposed of by this common judgment.

(2.) For the purpose of appreciating the contentions of the parties regarding the interpretation of section 6(3-B) of the Act I would refer to the facts of Special Civil Application No. 1000 of 1978. The petitioner of the said petition was the owner of lands admeasuring 57 acres 9 gunthas in village Pipli Taluka Dhandhuka District Ahmedabad. He was also the owner of lands admeasuring 12 acres 27 gunthas in village Barhanpur Taluka Dhandhuka Dist. Ahmedabad. Minor son of the petitioner was owner of 8 acres of land in village Pipli.

(3.) The Ceiling Act came into force in the State of Gujarat on 1-9-1961. and that will be the appointed day within the meaning of section 2(2)(iv) of the Ceiling Act. The Ceiling Act was amended by The Gujarat Agricultural Lands Ceiling (Amendment) Act. 1972 (Gujarat Act No. 2 of 1974) (hereinafter referred to as the Ceiling Amendment Act ). The Ceiling Amendment Act was brought into force by a Notification published in the Official Gazette on 1 By this Ceiling Amendment Act substantial changes have been made in the original Ceiling Act and it has been applied to all pending proceedings by section 31 thereof. I shall discuss the scheme of the Ceiling Amendment Act at an appropriate stage.