V.N.KHARE, B.N.KIRPAL, D.P.MOHAPATRA, S.S.M.QUADRI, S.P.BHARUCHA
I. R. Coelho: Paschim Banga Rajya Bhumi Jibi Sangha: Glanrock Estates Private LTD. – Appellant
Versus
State Of T. N. : Union Of India: State Of T. N. – Respondent
Order
The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (the Janmam Act), insofar as it vested forest lands in the Janmam estates in the State of Tamil Nadu, was struck down by this Court in Balmadies v. State of Tamil Nadu1, because this was not found to be a measure of agrarian reform protected by Article 31A of the Constitution. Section 2(c) of the West Bengal Land Holding Revenue Act, 1979 was struck down by the Calcutta High Court as being arbitrary and, therefore, unconstitutional and the special leave petition filed against the judgment by the State of West Bengal was dismissed. By the Constitution (Thirty fourth Amendment) Act, the Janmam Act, in its entirety, was inserted in the Ninth Schedule. By the Constitution (Sixty sixth Amendment) Act, the West Bengal Land Holding Revenue Act, 1979, in its entirety, was inserted in the Ninth Schedule. These insertions are the subject matter of challenge in these appeals and writ petitions. The contention is that these Acts, inclusive of the portions thereof which had been struck down, could not have been validly inserted in the Ninth Schedule. It rests on two counts : (1) Judicial review is a basic featur
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