TUMATI RANGAYYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In 1961, the Andhra Pradesh Legislature passed the Andhra Pradesh (Ceiling on Agricultural Holdings) Act, 1961. The Act proved ineffective and did not serve the purpose for which it was designed. So, in 1973, with much flourish and fanfare, the Andhra Pradesh Legislature passed the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1 of 1973, claimed to be more effective than its predecessor. The Act was preceded by Act 13 of 1972 and earlier by an Ordinance dated 2-5-1972 banning alienation of agricultural land. Though Act 1 of 1973 was passed with much attendant publicity on 1-1-1973, it came into force only on 1-1-1975, the date notified by the State Government under S. 1 (3) of the Act. Very soon the constitutional validity of the Act was impeached on several grounds. A Full Bench of this Court upheld the validity of the Act in M. Venkata Rao v. State of Andhra Pradesh, AIR 1975 Andh Pra 315. Despite the fact that the judgment of this Court was rendered on 11-4-1975, there has been considerable delay in the implementation of the Act and the weaker sections of the people, whose hopes were raised and to whom many promises were made by the Act, have yet, in most cases, to reap the promised benefits. Meanwhile, it was discovered that S. 4 of the Act had unequal incidence on Hindus on the one hand and Muslims and Christians on the other because the latter had no system of joint family and none had a right by birth. In order to remove this hostile discrimination, the Andhra Pradesh Legislature enacted Act 8 of 1977 and introduced S. 4-A into Act 1 of 1973. More about it later.

(2.) While going ahead with the imposition of ceiling on holding of agricultural lands, both the Houses of the Andhra Pradesh Legislature also passed a resolution authorising Parliament to regulate by law "the imposition of a ceiling on urban immovable property and acquisition of such property in excess of the ceiling and all matters connected therewith or ancillary or incidental thereto". The resolution was passed by the Houses on 7th and 8/04/1972 in pursuance of Cl. (1) of Art. 252 of the Constitution. This was followed by an Ordinance dated 2-5-1972 and the Andhra Pradesh Act 12 of 1972, banning alienation of vacant land in urban areas in the State of Andhra Pradesh pursuant to the resolutions passed by the Legislatures of Andhra Pradesh and some other States, Parliament, on 17-2-1976 enacted the Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976).

(3.) The constitutional validity of Andhra Pradesh Act 1 of 1973 is once more under attack, this time on the ground that its provisions are repugnant to the provisions of Central Act 33 of 1976. Other points, some touching on the constitutional validity of the Act and others not, have also been raised. We shall consider the issues raised one by one.