Judgment

UNTWALIA, J.:- By this petition under Article 32 of the Constitution of India the petitioner has challenged the constitutional validity of the Gujarat Vacant Lands in Urban Areas (Prohibition of Alienation) Act, 1972 Gujarat Act No. 12 of 1972 - hereinafter referred to as the Act - on the ground that it violates the fundamental rights of the petitioner granted under Articles 14 and 19 of the Constitution. In the writ petition the petitioner claims that he owns 9559 square yards of land situate in District Bulsar, sub-district and Taluka Navsari, village Kahilpore. He intends to sell the said land but is unable to do so because of the prohibition of alienation imposed under the Act.

2. Mr. S. Sen, learned counsel for the petitioner conceded, and in our opinion rightly, that the since the proclamation of Emergency is in operation under Article 358 of the Constitution. Fundamental right guaranteed under Article 19 is under suspension and therefore the Act could not be assailed for infraction of Article 19 even if there be any. Counsel, however, submitted that it does violate the guarantee of equal protection of the law and offends Article 14. In the Act under Section 2 is embod