MANIBHAI SHIVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These five petitions raise a common question regarding the validity of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act 1965 Gujarat Act No. 36 of 1965 amending secs. 32M and 32P by adding sub-sec. (2) to sec. 32M and sec. 32PP in the Bombay Tenancy and Agricultural Lands Act 1948 (hereinafter referred to as the Tenancy Act). The petitioners in Special Civil Applications Nos. 343 and 346 of 1966 were owners of land bearing certain survey numbers in Chikhodra Taluka Anand to which the Tenancy Act applied. The third respondent in each case was the tenant in respect of the said lands prior to 1st April 1957 and the third respondent became a deemed purchaser of the lands by virtue of the provisions contained in sec. 32 of the Tenancy Act on 1st April 1957 which is called the tillers day. The purchase price was fixed and the tenant in each case had to pay in installments and was in arrears of four installments having not paid the same within the time prescribed with the result that the deemed purchase of the land by the tenant had become ineffective. The petitioners thereupon applied to the Agricultural Lands Tribunal for surrender of the lands to them. The impugned Act Gujarat Act No. 36 of 1965 came into force before these applications were disposed of. The case of the petitioners is that the provisions of the newly added sub-clause (2) of sec. 32M whereby the tenant was given a further time to pay up the purchase price were void and that therefore their applications for obtaining the surrender of the land should be disposed of in accordance with the provisions of sec. 32M and 32P as they stood before the Amendment Act of 1965. The petitioners in Special Civil Applications Nos. 514 515 and 516 of 1968 own lands at Badharpur and the third respondent in each case was a tenant in those lands to which the provisions of the Tenancy Act applied. By virtue of the provisions of sec. 32 of the Tenancy Act the third respondent became the deemed purchaser on 1st April 1957. The Agricultural Lands Tribunal fixed the purchase price in respect of the said lands which was to be paid by installments and the tenant in each case failed to deposit the installments on due dates and was in arrears of four installments. The petitioners therefore filed applications for declaring the deemed purchase ineffective and for disposal of the lands under sec. 32P of the Tenancy Act. The Mamlatdar and Agricultural Lands Tribunal at Shankheda declared the purchase in respect of the said lands ineffective. The applications of the petitioners for surrender of the lands under sec. 32P of the Tenancy Act were adjourned as the Amendment Act of 1965 had come into force The case of the petitioners is that the Gujarat Amendment Act of 1965 is illegal and void and that the Agricultural Lands Tribunal should be restrained from issuing a certificate of purchase in favour of the third respondent and that the Tribunal should be directed to dispose of the applications of the petitioners for obtaining the surrender of the lands in accordance with the provisions of secs. 32M and 32P of the Tenancy Act as they stood before the Amendment Act of 1965.

(2.) The Tenancy Act of 1948 was passed by the State Legislature as a measure of agrarian reform on 28th December 1948 and the objectives sought to be achieved were set out in the second paragraph of the preamble which is as under:-

(3.) The main grounds on which the Amendment Act has been challenged before us by the learned advocates appearing on behalf of the petitioners were:-