NARBADA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall also dispose of Misc. Petition No. 324 of 1977.

(2.) These petitions involve the construction of Section 4 of the Madhya Pra-desh Ceiling on Agricultural Holdings Act, 1960, as it now stands.

(3.) The Bill of the principal Act i. e. the Act as originally enacted was published in the Madhya Pradesh Gazette of 15th September, 1959. The principal Act received the assent of the President on 20th September, 1960 and the assent was first published in the Gazette on 1st October, 1960. The Act was enforced by a notification issued under Section 1 (3) with effect from 15th November, 1961. Section 7 of the principal Act fixed 28 standard acres as the ceiling limit of land which could be held by a person. The principal Act also made provision for declaring void transfers under Section 4 and for preventing transfers under Section 5, The first set of amendments of the principal Act were made by Acts Nos. 35 of 1961, 38 of 1965 and 25 of 1966. These amendments were given retrospective effect from the date of the commencement of the principal Act. The ceiling limit under Section 7 of the Act was reduced from 28 to 25 standard acres. There were some minor amendments in Sections 4 and 5. These two sections as amended by the aforesaid Acts read as follows:--