1989 Supreme(SC) 187
E. S. VENKATARAMIAH, M. H. KANIA, M. N. VENKATACHALIAH, R. S. PATHAK, RANGANATH MISRA
Bansidhar – Appellant
Versus
State Of Rajasthan – Respondent
Advocates:
A.K.SEN GUPTA, Badri Das Sharma, C.M.Lodha, INDRA MAKWANA, JAGDISH NANDVARE, K.B.ROHTAGI, N.D.B.RAJU, R.S.SODHI, RAM K.SHARMA, S.K.DHINGRA, S.S.Khanduja, SHANTI BHUSHAN, SUSHIL JAIN, V.M.TARKUNDE, VINIT KUMAR
Judgement Key Points
- Supreme Court appeals and special leave petitions challenge High Court judgment upholding ceiling fixation proceedings under Chapter III-B of Rajasthan Tenancy Act, 1955, post-repeal by Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973. (!) (!) (!)
- Principal issue: Whether proceedings for ceiling area fixation with reference to notified date of 1-4-1966 under repealed Chapter III-B could be initiated or continued after 1-1-1973 enforcement of 1973 Act. (!) (!) (!)
- Chapter III-B introduced into 1955 Act by 1960 Amendment, defining ceiling area via Section 5(6A) and Sections 30B-30C (30 standard acres base, increasing by family size up to 60). (!) (!) (!) (!) (!)
- By 1973 Act enforcement, 33,471 cases decided under old law; 8,494 new proceedings initiated post-repeal, claimed to continue under saved provisions. (!)
- 1973 Act repeals Section 5(6A) and Chapter III-B via Section 40, introduces new ceiling standards (e.g., reduced to 18 standard acres), redefines family/unit, recognizes certain past transfers, with partial savings in Section 4(1) Second Proviso and Section 15(2). (!) (!) (!) (!) (!) (!) (!)
- Section 3 of 1973 Act states provisions override inconsistent laws for time being in force, but does not exclude saved/deemed-in-force old provisions for pending cases. (!) (!) (!)
- Repeal followed by fresh legislation attracts Section 6 Rajasthan General Clauses Act unless new law manifests contrary intention; mere absence of express reference to Section 6 not conclusive. (!) (!) (!) (!)
- No contrary intention in 1973 Act scheme; internal evidence (e.g., Sections 15(2), 40(1), 4(1) Second Proviso) preserves old law for pending/reopenable cases. (!) (!) (!) (!) (!) (!)
- Right of State to excess land accrued (not merely inchoate) as of notified date 1-4-1966 under Section 30E; landowner liability to surrender incurred then, supporting post-repeal proceedings. (!) (!) (!) (!) (!) (!) (!) (!) (!)
- Ceiling determined with reference to holdings as on notified date; surplus vests in State retrospectively upon quantification, unaffected by repeal. (!) (!) (!) (!) (!)
- Appeals, SLPs, and writ petition dismissed, affirming High Court; no costs. (!) (!)
JUDGMENT
VENKATACHALIAH, J. :— These appeals, by Special Leave and Petitions for grant of Special Leave pertaining to agrarian reform legislation in the State of Rajasthan, arise out of and are directed against the judgment dated 21st October 1976, of a Full Bench of the High Court of Rajssthan (reported in AIR 1977 Raj 46), dismissing a batch of special appeals and affirming the judgment dated 2-12-1975, of the learned single Judge of the High Court rejecting appellants contentions against the legality of certain proceedings for the fixation of ceiling on agricultural holdings initiated and continued under the Provisions of Chapter III-B of the Rajasthan Tenancy Act, 1955. In the Writ-petition filed directly in this Court reliefs similar to those sought before the High Court are claimed.
The principal controversy before High Court in the proceedings, shorn of its niceties and embellishments, was whether the proceedings for fixation of ceiling area with reference to the appointed date i.e. 1-4-1966 under Chapter, III-B of the Rajasthan Tenancy Act, 1955, (1955 Act for short) could be initiated and continued after the coming into force of the Rajasthan Imposition of Ceiling on Agric
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