H.R.KHANNA, P.K.GOSWAMI, P.N.BHAGWATI
Godavari Sugar Mills – Appellant
Versus
S. B. Kamble – Respondent
Judgment
KHANNA, J.:- The short question which arises in this appeal filed on certificate by Godavari Sugar Mills Ltd. and its two shareholder directors against the judgment of the Bombay High Court is the constitutional validity of Maharashtra Agricultural Lands (Ceiling on Holdings) Act 1961(Maharashtra Act No. 27 of 1961) (hereinafter referred to as the principal Act) as amended by Maharashtra Acts Nos. 16 of 1968 33 of 1968, 37 of 1969 and 27 of 1970. The High Court has upheld the validity of the Act on the ground that it is protected by Articles 31A and 31B of the Constitution.
2. The principal Act came into force on January 26, 1962. According to its long title, it was an Act to impose a maximum limit (or ceiling) on the holding of agricultural land in the State of Maharashtra to provide for the acquisition and distribution of land held in excess of such ceiling; and for matters connected with the Purposes aforesaid. Section 3 of the Act deals with ceiling on holding of agricultural land. According to that section, in order to provide for the more equitable distribution of agricultural land amongst the peasantry of the State of Maharashtra (and in particular, to provide that la
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