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1983 Supreme(SC) 205

R. S. PATHAK, SABYASACHI MUKHARJEE, Y. V. CHANDRACHUD
Prem Nath Raina – Appellant
Versus
State Of J & K – Respondent


Advocates:
Altaf Ahmed, ASHOK PANDA, B.P.SINGH, L.N.Sinha, NAUNIT LAL, R.K.GARG, Renjit Kumar, S.S.JAVALI, SANJAY KISHAN KAUL, V.M.TARKUNDE

Judgment

CHANDRACHUD, CJI. :- By these writ petitions filed under Article 32 of the Constitution, the petitioners challenge the constitutional validity of the Jammu and Kashmir Agrarian Reforms Act, 17 of 1976, on the ground that the Act violates the provisions of Articles 14, 19 and 31 of the Constitution. This challenge is met by the State of Jammu and Kashmir with the short answer that the impugned Act being a measure of agrarian reform, Article 31A of the Constitution precludes a challenge to its validity on the ground that it violates the provisions contained in Articles 14, 19 and 31.

2. The petitioners are mostly small land-holders owning agricultural lands in the State of Jammu and Kashmir. The Government of Jammu and Kashmir introduced several land reforms in the State, beginning with Tenancy Act VII of 1948. Jagirs and Muafis were abolished under that Act as a result of which approximately 9000 owners of agricultural lands lost their proprietary interest in about 4.5 lakh acres of land. The State Legislature thereafter passed the Tenancy (Amendment) Act VII of 1948, the Tenancy (Amendment) Act of 1950, the Big Landed Estates Abolition Act of 1950, the Tenancy (Amendment) Ac




















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