HEMUBHA AKHUBHA CHUDASAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition, preferred under Articles 226 & 227 of the Constitution of India, arises from the proceeding under the Gujarat Agricultural Lands Ceiling Act, 1960 [hereinafter referred to as, "the Act"]. The petitioner is the holder of the lands situated at villages-Pipli and Buranpur of Taluka Dhandhuka, District-Ahmedabad admeasuring 82 Acres & 17 Gunthas in aggregate.

(2.) In compliance with Section 10 [1](d) of the Act, the petitioner declared his aforesaid holding of 82 acres 17 gunthas of agricultural lands. According to the petitioner, as on the specified date, his family comprised of himself, his wife, three minor sons and three minor daughters in all eight persons. The petitioner was, therefore, entitled to hold lands equivalent to one and 3/5th of the ceiling area. The whole of the land being jirayat land [dry-crop land], the ceiling area was 54 acres. Considering additional 3/5th of the ceiling area, he had a right to hold lands admeasuring 86 acres-16 gunthas. He, therefore, did not hold lands in excess of the ceiling limit. The Mamlatdar & ALT was, by his Order dated 23rd March, 1977, pleased to hold that the daughters were not included in the family. The family of the petitioner, therefore, consisted not more than five persons. The petitioner was not entitled to hold land in excess of the ceiling area. The ceiling area being 54 acres, the lands admeasuring 28 Acres and 17 gunthas were held excess, liable to be acquired under the Act. The said order was confirmed by the Deputy Collector by his Order dated 22nd June, 1977 made on Ceiling Appeal No. 107 of 1977 and by the Gujarat Revenue Tribunal, Ahmedabad [hereinafter referred to as, "the Tribunal"] by its judgment and order dated 8th March, 1978 passed in Revision Application No. TEN.B.A.1248 of 1977. Feeling aggrieved, the petitioner had preferred Review Application No. TEN.C.A 48 of 1996 before the Tribunal which came to be rejected on 3rd December, 1999. Feeling aggrieved, the petitioner has preferred the present petition against the judgment and order dated 8th March, 1978 passed by the Tribunal.

(3.) Section 6 of the Act imposes restriction on holding land in excess of the ceiling area. Sub-section [2] thereof provides for grouping of the holding separately held by the spouse or minor children of an individual. It provides that, "where an individual, who holds lands, is a member of a family, not being a joint family which consists of the individual and his spouse or more than one spouse and their minor sons and minor unmarried daughters.." Sub-section 3 [b] of the said Section 6 provides, inter alia, that, "where a family consists of more than five members comprising a person and other members belonging to all or any of the following categories, namely; (i) minor son, (ii) widow of a pre-deceased son, (iii) minor son or unmarried daughter of a pre-deceased son, where his or her mother is dead; such family shall be entitled to hold land in excess of the ceiling area to the extent of one-fifth of the ceiling area for each member in excess of five, so, however, that the total holding of the family does not exceed twice the ceiling area and in such a case, in relation to the holding of such family, such family, such area shall be deemed to be the ceiling area." It is this provision, relying upon which, the Tribunal has held that, "..it is clear that minor daughters and wife of the applicant cannot be included while counting the total number of members".