Judgement

HIDAYATULLAH, C.J.I, : These appeals come before us on a reference by the Constitution Bench referring the question -whether the amendment of Section 65 of the Bombay Tenancy and Agricultural Lands Act, 1948 by Section 35 (1) of the Bombay Act XIII of 1956, which added the words:

"or the full and efficient use of the land has not been made for the purpose of agriculture, through the default of the holder or any other cause whatsoever not beyond his control."

has the protection of Articles 31A and 31-B of the Constitution, At the hearing of this reference before this Special Bench (which included judges of the original Constitution Bench) it was decided to enlarge the reference to include the whole appeals so that they might he decided in their entirety at the same sitting.

2. These are appeals against the judgment and order of the High Court of Gujarat, 4/5 May, 1966 from many petitions questioning the declaration made by the Deputy Collector, Bulsar under Section 65 of the Act. Below is given the text of the section with the amended portion material to these appeals underlined (bracketed herein, Ed.). As a result of the declaration the appellants stand to lose possession of