Judgment

AYYANGAR, J. :

These five appeals which have been consolidated for hearing, raise for consideration principally two points:

(1) the constitutional validity of the Bhopal Reclamation and Development of Lands (Eradication of Kans) Act, 1954 (Act XIII of 1954) which will be hereafter referred to as the Act, and

(2) whether the provisions of the Act, even if constitutionally valid, were complied with in the case before us.

2. The Act the provisions of which we shall set out and examine later empowered the State Government to notify areas of the State as "Kans infested areas" and on such notification officers of the State were enabled to enter on the lands within the notified areas and conduct deep ploughing tractorisations operation with a view to eradicate the kans. We might mention even here that Kans are a species of weeds which infest large areas of land in and around the former State of Bhopal now forming part of Madhya Pradesh. The weeds are hardy, quick growing rapidly expanding the area of their infestation and sap the fertility from the soil and thus lead to very poor yield of the land and if the growth is more extensive, practically prevent any crops. The Act provided for