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1969 Supreme(SC) 234

State Of Orissa – Appellant
Versus
Chandrasekhar Singh Bhoi – Respondent


Advocates:
For the Appellant : Altaf Haqani
For the Respondents: N.A. Baba and M.A. Qayoom

Judgment

SHAH, J.:- The State of Orissa has appealed to this Court against the judgment of the State High Court declaring "unconstitutional and invalid" Chapter IV of the Orissa Land Reforms (Amendment) Act 15 of 1965.

2. The Orissa Land Reforms Act 16 of 1960 (hereinafter called the principal Act) received the assent of the President on October 17, 1960. By Section 1 (3) of the principal Act it ws provided that the Act shall come into force in whole or in part, on such dates or dates as the Government may from time to time by notification appoint and different dates may be appointed for different provisions of the Act. By a notification issued on September 25, 1968 certain provisions of the principal Act other than those contained in Chapters III and IV were brought into force. By a notification dated December 9, 1965 Chapter III (Sections 24 to 37 dealing with resumption for personal cultivation of any land held by a tenant and related matters) was brought into force. But Chapter IV (Sections 38 to 52 dealing with ceiling of holdings of land and disposal of excess land) was not brought into operation. The Legislature of the State of Orissa amended the principal Act by Act 13 of 196


































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