KESA Vs. STATE

JUDGEMENT

(1.) The five writ petitions referred to this Bench involve a question of considerable importance inasmuch as the relevant statute is the expression of the anxiety of the Legislature to implement the ideals of the framers of the Constitution.

(2.) India is a Sovereign, Socialist, Secular, Democratic Republic. The Constitution time of India secures to all citizens justice, social, economic and political. The directive principles of State Policy in Part-IV of the Constitution embody the aims and objects of the State under the republican Constitution that it is a 'Welfare State'. These directives are implemented by Legislature. Art.39 of the Constitution enumerates certain principles of policy to he followed by the Stale. For the economic uplift of the citizens it directs that the State shall in particular, direct its policy towards securing that the citizens, men and women equally have the right to an adequate means of livelihood; that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

(3.) India being an agricultural country, majority of the people are dependent for their livelihood an cultivation. Prior to the agrarian reforms the agricultural land was in the ownership and possession of a few and the landless persons had to toil at the fields of others. In order to implement the socialistic pattern of society and to bridge the gap between the haves and have nots i.e. the landowners and the landless an Act for agrarian reforms was enacted. In other words, to abolish the Jagirdari, Jamindari and Biswedari system the Legislature of the State of Rajasthan introduced in Rajasthan by Rajasthan Tenancy Act, the law relating to fixation of ceiling on agricultural holdings. By the Amendment Act, 1960 (Act No. V of 1960) Chapter IIIB was inserted in the Rajasthan Tenancy Act 1955 fixing the ceiling on the agricultural holdings (to be referred as 'the Act' hereinafter). The object was to distribute surplus land to the landless and to remove disparity in holding of the agricultural land and to increase agricultural resources. The Act came into Force on December 15, 1963. Chapter 30B of the Act contains Section 30B to Sec. 30J. Sham, bogus and meaningless transfers were likely to evade and defeat the purpose of legislation. Sec. 30D therefore provided for non-recognition of transfers made after 25th day of February, 1958 for the purpose of ceiling area under Section 30C, with the exception of transfers enumerated in clauses (i) and (ii) of Sub-Sec. (1). Section 30DD was inserted in the Chapter by the Amendment Act 15 of 1970 w.e.f. 18-8-1970. It enlarged the scope of recognisable transfers, subject no their fulfilling the conditions contained in the two clauses of that Section.