KUNJ BEHARI LAL BUTAIL Vs. STATE OF HP

JUDGEMENT

(1.) To consolidate and amend the lawa relating to ceiling on land holdings in the State of Himachal Pradesh, the Legislative Assembly of Himachal Pradesh enacted Himachal Pradesh Ceiling on Land Holdings Act, 1972 (hereinafter the Act, for short), Sub section (1) of Section 26 of the Act provides that the State Government may, by notification, make rules for carrying out the purposes of this Act, sub -sections (2) and (3) thereof provide for previous publication of the rules and the rule being laid on the floor of the State Legislature as soon as may be after it is made In exercise of the power so conferred. The State Government has framed the Himachal Pradesh Ceiling on Land Holdings Rules, 1973 (hereinafter the Rules for short). Rule 3 thereof reads as under: -

(2.) Areas to be treated as subservient to tea plantation. - (1) The following areas shall be treated as subservient to tea plantation: - (a) Areas on which there is programme for expansion of tea plantation during next ten years which will be determined by the State government; (b) areas covered by forests and forest growth of which the fuel wood, timber is required for the manufacture of the tea and maintenance of tea estate; (c) low -lying lands which generally serve as water reservoirs for the use of tea plantation; and (d) land on which tea factories, labour quarters, playgrounds and other ancillary buildings are situated. Provided that no land, treated as subservient to tea plantation under this sub -rule and exempted from the operation of the Act under Section 51 (g) thereof, shall be transferred by the landowner in any manner without the permission of the State Government. (2) The owner of the tea estate will submit return in Form C -1 to the Collector showing the areas he intends to include for the purpose of clause (a) of sub -rule (1) within one month from the date on which these rules will come into force. The Collector on receipt of this return shall make such inquiry as he deems fit and thereafter send his recommendations to the State Government for orders which will be final."

(3.) The proviso appended to sub -rule (1) and places just below clause (d) of sub -rule (1) was not there in the text of the Rules as originally framed. lt has been inserted by amendment through Notification No.10 -5/73 -II Rev. B dated 4.4.86. This amendment was published in Gazette Extraordinary dated 26.4.86.