ORDER

1. These three appeals raise common question of law of some importance as regards the agrarian reforms in the State of Gujarat. The facts in CA No. 1886 of 1988 are sufficient for disposal of these appeals.

2. The appellant had purchased 7 acres, 9 gunthas of land in Moria Village of Pardi Taluk, District Valsad of State of Gujarat on 27-11-1967 without obtaining permission from the Mamlatdar as required under Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948, for short the Act. Proceedings were initiated for his ejectment from the land for purchase made contrary to Section 63 which went against him. Consequently he filed Special Civil Application No. 653 of 1979. The High Court by common judgment dated 9-2-1988 dismissed the same along with other matters. Thus this appeal by special leave.

3. Shri Bobde, learned Senior Counsel for the appellant contended that under Article 19(l)(d) of the Constitution he has a right to reside and settle down at any place throughout the territory of India. The appellant, therefore, had a right to acquire and hold any property within the State of Gujarat, though he did not have any land there nor did he personally reside at the date of the sale in Village Moria. He is an agriculturist in Nani Daman and being an agriculturist he is entitled to purchase the lands in Moria. Section 63 of the Act does not contemplate prior permission. Even after the purchase he can seek the permission and seek validation of the purchase. Therefore, the view taken by the High Court is in contravention of his fundamental right under Article 19(1) of the Constitution, as a citizen. We find no force in the contention.

4. Chapter V of the Act deals with restrictiveness on transfer of agricultural lands, management of uncultivable lands and acquisition of estates and lands. Section 63(1) provides that:

"63. (1) Save as provided in this Act,-

(a) no sale (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange or lease of any land or interest therein, or

(b) no mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee, shall be valid in favour of a person who is not an agriculturist or who being an agriculturist will, after such sale, gift, exchange, lease or mortgage, hold land exceeding two-thirds of the ceiling area determined under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 [as amended by the Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) (Amendment) Act, 1972] or who is not an agricultural labourer". (The proviso and explanation and other sub-sections are not necessary for the purpose of this case, hence omitted).

5. Agriculturist has been defined in Section 2(2) of the Act to mean "unless there is anything repugnant in the subject or context, a person who cultivates land personally". Section 2(5) defines-

" to cultivate with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce, whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon: and the expression uncultivated shall be construed correspondingly." (Explanation is not necessary, hence omitted.)

6. Section 2(6) defines "to cultivate personally" to mean "to cultivate land on ones own account-

(i) by ones own labour, or

(ii) by the labour of any member of ones family, or

(iii) under the personal supervision of oneself or any member of ones family by hired labour or by servants on wages payable in cash or kind but not in crop share being land, the entire area of which-

(a) is situate within the limits of a single village, or

(b) is so situated that no piece of land is separated from another by a distance of more than five miles, or

(c) forms one compact block."

(Proviso and explanations are not necessa