JUDGMENT

R.C. Lahoti, J.-Leave granted.

2. To consolidate and amend the laws 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 soconferred 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 :-

3. 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 i