Judgement

BHARUCHA, J. :- This appeal by special leave is filed by the State of Tamil Nadu against the judgment and order of the High Court of Madras dated 9th September, 1981, whereby the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, was struck down as being ultra vires the Constitution of India. The High Court came to the conclusion that the said Act did not enjoy the protection of Arts. 31-C or 31-A and that it was violative of Arts. 14, 19 and 300A of the Constitution.

2. Learned counsel for the appellants submitted that the said Act was not violative of Arts. 14 or 19 or 300A and that, in any event, it was protected by reason of Art. 31-A. Learned counsel for the respondents submitted that the said Act was violative of Art. 14 inasmuch as it was enacted to acquire lands for a purpose which could as well be served by the provisions of the Land Acquisition Act, 1894, and that a comparison of the provisions of the said Act with those of the Land Acquisition Act showed that the provisions of the said Act were far harsher insofar as the land owner was concerned. Learned counsel for the respondents also submitted that the said Act did not enjoy the protection c