ADHIKAR GOSWAMI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THESE applications under Article 226 of the Constitution by Adhikar Goswami of Auniati Satra are directed against the orders of acquisition passed under the provisions of the Assam Fixation of Ceiling on Land Holdings Act, 1956, hereinafter the Ceiling Act, pertaining to some tea garden land of the Satra. The challenge to the acquisition is on the common ground that the Ceiling Act has no application to the aforesaid type of land belonging to the Satra. This contention has been advanced because of the existence of the Assam State Acquisition of Lands belonging to Religious or Charitable Institution of Public Nature Act, 1959, hereinafter the Religious and Charitable Act, which has exempted tea garden land from the purview of this Act. The contention of the State is that despite the Religious and Charitable Act being on the statute book, the Ceiling Act applies to the tea gardens belonging to the religious or charitable institution.

(2.) THE facts of the case are not in dispute. The Auniati Satra is an ancient religious institution established by the Ahom Kings of Assam. This Satra has a large number of disciples living within and outside the Satra. The Ahom kings and their successors granted lands of various sizes at various places of Assam in favour of the Satra. In these three cases we are concerned with the question as to whether the following land covered by Lakheraj Pattas No. 1 and 2 could have been acquired under the provisions of the Ceiling Act:

(3.) BEFORE entering into the merits of the arguments advanced before us it would be in fitness of things to point out that though Assam Act XXIV of 1972, which had deleted the exemption pertaining to the land belonging to a religious or charitable institution of public nature from the Ceiling Act, had not received the assent of the President, the amendment of this Act by Assam Act IX of 1975 producing the same result had received such assent. The argument, therefore, that the provisions of the Assam Act XXIV of 1972 deleting the exemption in favour of religious or charitable institution could not have, prevailed over the Religious and Charitable Act which had received the assent of the President, is not available to the Petitioners.