PUNJAB STATE Vs. INDER SINGH

JUDGEMENT

(1.) THIS pre-emption suit was originally filed in the Court of the Senior Subordinate Judge, gurdaspur. One of the pleas raised in defence was that the Punjab Pre-emption Act is ultra vires the Constitution. The Advocate-General for the Punjab moved this Court with a prayer that the case be transferred to this Court and heard on the original side. In view of the importance of the question involved, Kapur J. ordered the case to be transferred to this Court. Subsequently many other cases were dealt with in the same manner and in all these cases the question for consideration is whether the Punjab Pre-emption Act is ultra vires the Constitution and therefore whether a suit for pre-emption is competent. It must be clearly understood that we are only called upon to give our decision on this law point and are not concerned with the merits of any individual case. We have heard counsel for both sides and have also heard the learned Advocate general, and we now proceed to give our decision.

(2.) THE main line of attack is on behalf of the vendees, and the argument urged on their behalf is that the Punjab Pre-emption Act is ultra vires as its provisions contravene Article 19 (1) (f) of the constitution. It is contended that Sections 14 and 15 of the Punjab Pre-emption Act impose restrictions upon the freedom to acquire, hold and dispose of property, and these restrictions not being in the nature of reasonable restrictions cannot be allowed to stand. With regard to Section 14 it is also alleged that since the Punjab Alienation of Land Act has been repealed there is no such thing as an "agricultural tribe" in the Punjab and Section 14 must be considered void and of no effect. In this respect it was contended that Section 15 was dependent upon Section 14 and quite apart from Article 19 (1) (f) of the Constitution the provisions of Section 15 must be deemed to have been repealed by the repeal of the Punjab Alienation of Land Act.

(3.) I shall first deal with the second objection, as it can be disposed of in a few words. The punjab Alienation of Land Act having been repealed, there is no distinction between "agriculturist" and "non-agriculturist" in this State and therefore the provisions of Section 14, punjab Pre-emption Act, are of no effect, but this circumstance does not in any way affect the provisions of Section 15, as Section 15 is in no way dependent upon Section 14. Section 15 deals with agricultural land and village immovable property, and the manner of its disposal does not necessarily depend on who owns the land or who buys it, and if, Section 14 is treated as non-existent Section 15 can still stand by itself. Therefore the repeal of the Punjab Alienation of land Act does not in any way affect the provisions of Section 15 or render them null and void.