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1958 Supreme(SC) 136

K. SUBBA RAO, N. H. BHAGWATI, K. N. WANCHOO, B. P. SINHA, S. R. DASS
Shree Vinod Kumar, Shri Durga Dutta, Gur Singh, Anar Devi, Karam Singh, Deep Ram, Khushi Ram, Ishwar Singh, Shrimati Gauari Devi, Shrawan Kumar, Bhagirath, Surat Ram, Haru Ram Gupta, Parshotam Ram, Sundar Lal, Kishan Singh, Siri Chand, Romharshans Singh, – Appellant
Versus
State Of H. P. – Respondent


Advocates:
ACHHRU RAM, D.R.Prem, GANPAT RAI, H.J.Umrigar, H.N.SANYAL, K.L.Mehta, P.C.AGRAWAL, RAGHUNATH SINGH, S.D.Sekh, T.M.SEN, Y.Kumar

Judgement

S. R. DAS, CJI. : By each of these 32 petitions under Art. 32 of our Constitution, which have been heard together, the respective petitioners challenge the constitutional validity of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (Himachal 15 of 1954) which is said to have been passed by the Legislative Assembly of the State of Himachal Pradesh created by the Himachal Pradesh and Bilaspur (New State) Act (32 of 1954).

2. On November 23, 1954, the President of India gave his assent to the Bill which on being so assented to become the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act 1953, (Himachal 15 of 1954) (hereinafter called the Abolition Act). On January 26, 1955, this Abolition Act was brought into force by a notification issued under S. 1 (3) thereof. It will be convenient it this stage to refer to some of the relevant sections of the Abolition Act. Section 11 confers a new right on the tenants to acquire the interests of the land-owners. According to this section notwithstanding any law, custom, or contract to the contrary a tenant other than a sub-tenant shall, on application made to the compensation officer at a







































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