RAJKUMAR RAJINDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in this and the connected writ petitions challenge the validity of the Himachal Pradesh Ceiling on Land Holdings Act, 1972 and the proceedings taken thereunder.

(2.) It may be mentioned that after a preliminary hearing of the writ petitions we found it desirable, in view of the nature of the questions raised before us, that learned counsel for the parties should file a written statement of their submissions and learned counsel were informed that during the oral hearing of the writ petitions they would be confined to the points set out in their respective statements. Written statements of submissions have been filed by Shri R.N. Malhotra, Shri H.S. Thakur and Shri K.D. Sud and they have orally argued their case on that basis. Learned counsel for the remaining petitioners have adopted the submissions so made.

(3.) The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (hereinafterreferred to as 'the impugned Act') was passed by the Himachal Pradesh Legislative Assembly on December 21, 1972 and received the assent of the President of India on July 10, 1973, Subsequently it was amended by the Himachal Pradesh Ceiling on Land Holdings (Amendment) Ordinance, 1973, published in the Himachal Pradesh Rajpatra (Extraordinary) of October 3, 1973. The Ordinance was replaced by the Himachal Pradesh Ceiling on Land Holdings (Amendment) Act, 1973. On September 7, 1974 Parliament enacted the Constitution (Thirty-fourth Amendment) Act, 1974 and thereby inserted the impugned Act as Entry 73 in the Ninth Schedule to the Constitution.