STATE OF PUNJAB Vs. S KEHAR SINGH

JUDGEMENT

(1.) IN order to decide the validity and constitutionality of the Punjab Consolidation of Land proceedings (Validation) Act, 1957, which has been referred for decision to the Full Bench it is unnecessary to restate the facts which have already been set out in the Referring Order. It would suffice to mention the three classes of properties which are likely to be affected by the Act-

(2.) THE first main question that requires consideration is whether the Punjab Legislature was competent to enact the impugned Act. According to the contentions canvassed by the parties this wilt require examination under 3 sub-heads :

(3.) THE contention raised on behalf of the owners and. allottees of the lands in question with regard to Sub-head (i) is this. Property mentioned as class (a) does not exist any more by virtue of the enactment of the Displaced Persons (Compensation and Rehabilitation) Act (Act 44 of 1954 ). Class (b) vests in the Central Government and only the Union Parliament can legislate with regard to it under Entry 32 of List I. As regards (c) the Union Parliament alone is competent to enact legislation. The learned Advocate-General on the other hand relies on Entry 18 of List II and on Entries 27 and 41 of List III, the assent of the President having been obtained. Entry 18 of list II is in the following terms :