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1980 Supreme(SC) 276

V. D. TULZAPURKAR, V. R. KRISHNA IYER, P. N. BHAGWATI, A. P. SEN, Y. V. CHANDRACHUD
Sasanka Sekhar Maity – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.GANGULY, Amlan Ghosh, B.K.DATTA, D.P.MUKHERJI, GOVIND MUKHOTY, L.N.Sinha, M.N.Phadke, M.S.L.ARVIND, MOHAMMED ASHRAFF, P.K.PALLI, P.K.SAHAIA, RATHIN DAS, S.C.MAJUMDER, S.N.KACKAR, SUKUMAR GHOSH,

Judgment

SEN. J:- In this batch of writ petitions, the main question that falls for determination, is whether the provisions of Chapter IIB of the West Bengal Land Reforms -Act, 1955 (Act X of 1956) inserted by the West Bengal Land Reforms (Amendment) Act, 1971 (Presidents Act III of 1971), and replaced by the West Bengal Land Reforms (Amendment) Act, 1972 (Act XII of l972) with retrospective effect from February 12, 1971, which provide for a fixation of ceiling on agricultural holdings and for matters ancillary thereto, are violative of the second provision to Art. 31A (1) of the Constitution.

2. The challenge in particular is to the validity of the definition of the term familv contained in S. 14K (c), the fixation of ceiling limits of a raiyat under S. 14M (1), the provision for lands held by the members of a family being clubbed under S. 14M (2), the avoidance of transfers by S. 14P, the fixation of a ceiling limit on orchards under S.140 (2), the vesting of surplus land in the State under S 14S(1), the penal consequences for failure to file a return provided for in Section 14T (4), the imposition of a restriction on transfers under S. 14U and the absence of a provision for payme












































































































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