A. N. RAY, D. G. PALEKAR, G. K. MITTER, I. D. DUA, J. M. SHELAT, S. C. ROY, S. M. SIKRI
Jagannath – Appellant
Versus
Authorised Officer, Land Reforms – Respondent
Judgment
MITTER, J. :- In all the above matters there is a common attack on the validity of the Madras Land Reforms (Fixation of Ceiling on Land) Act 1961. The Act received the assent of the President on the 13th April, 1962 and was published in the official gazette on the 2nd May, 1962. It is styled "An Act to provide for fixation of ceiling on agricultural land holdings and for certain other matters connected therewith in the State of Madras." The preamble to the Act shows that it was passed in furtherance of the directive principles of State policy as embodied in Art.39 of the Constitution and in particular, clauses (b) and (c) thereof, namely, that the ownership and control of the material resources of the community were to be distributed as best to subserve the common good and that the operation of the economic system did not result in the concentration of wealth and means of production to the common detriment. The Act sought to achieve this by acquiring agricultural land from persons owning large holdings of it and distributing the same to the landless and other persons so as to reduce the disparity in the ownership thereof. This was attempted to be brought about by fixing a c
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