Judgment

SIKRI, C.J.I.:- Two main points arise in this petition under Art. 32 of the Constitution brought by the Kannan Devan Hills Produce Company Ltd. hereinafter referred to as the petitioner; (1) Whether the Kannan Devan Hills (Resumption of Lands) act, 1971 (Kerala Act 5 of 1971) - hereinafter referred to as the impugned Act - is within the legislative competence of the State of Kerala; and (2) whether the impugned Act is protected from challenge under Art. 31A of the Constitution, and if so, to what extent.

2. The petitioner is in possession of an area of approximately 1,27,904 acres, commonly known as the Concession Area lying contiguously in the Kannan Devan Hills village. The petitioner grows and manufactures tea in the plantation set up and developed by it. The petitioner s predecessor-in-title was one Mr. John Deniel Munro, who obtained, what is called, the first Pooniat Concession from Punhatil Kavikal Kela Varma Valuja Raja, on July 11, 1877 (Mithunam 20, 1052). This Concession recited that an application was made for the grant of the above property to the Raja for coffee cultivation. The Concession conveyed the properties in consideration of Rs.5,000/-. It was further