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 embodied a declaration that the Act is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of Article 39 of the Constitution and consequently Article 31C would save the Act from attack on account of the infraction of Article 14. But it was submitted that the Act is not directly relatable to the object of Article 39 (b) and (c) and hence Art. 31C cannot protect it. In our opinion it is not necessary in this ease to take recourse to Art.31C for upholding the constitutional validity of the Act as it does not infringe the equal protection of law guaranteed under Art.15 of the Constitution.

3. Learned counsel for the petitioner endeavoured to make out the following points for attacking the Act as being violative of Article 14:

(1) That the limit of prohibition in respect of the area of the vacant land is the same irrespective of its situation and value thus putting unequals as equals.

(2) That it does not apply to building lands and building areas have been left out.

(3) That there is discrimination between the permissible limit of alienation on the basis of the irrational consideration of the area forming part of a compact block or not.

(4) That there is no rational basis for not applying the Act in respect of the alienation of vacant lands in favour of the State Govt., the Central Govt., local Authorities, Govt. companies, Govt. corporations or the Co-operative House Building Societies.

(5) There is no guideline provided in Section 7 of the Act for exercise of the power of exemption.

4. Learned Solicitor General appearing for the respondent, the State of Gujarat, submitted that none of the points urged on behalf of the petitioners has got any substance and there is no violation of the equal protection of law guaranteed under Article 14 of the Constitution.

5. We shall first refer to and wherever necessary read some of the relevant provisions of the Act. The Preamble of the Act indicates that it is an Act to prohibit alienation of certain vacant lands in urban areas in the State of Gujarat. The object of the Act is to prohibit alienation of the vacant lands so that ultimately the ownership and control of the material resources of the community may be so distributed as best to subserve the common good and may prevent the concentration of wealth to the common detriment. It may be pointed out here that the impugned Act is a temporary one. Originally it was to remain in force for one year but the period is being extended from time to time in order to enable the State legislature to pass the Urban Property Ceilings Act. Prohibition of alienation by the Act is a preparatory measure for distribution of the material resources of the community. The definition section of the Act is Section 3. Clause (b) defines "City"