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1989 Supreme(SC) 110

G.L.OZA, K.N.SAIKIA
Munjushree Plantation LTD. – Appellant
Versus
State Of T. N. – Respondent


Advocates:
A.Subhashini, A.T.M.SAMPATH, B.J.KRISHNAN, B.SEN, G.RAMASVAMY, GOPAL SUBRAMANIUM, K.J.MOHAN, K.M.NAYAR, M.JAYARAMAN, NAINA KAPUR, P.N.Ramalingam, R.A.PERUMAL, R.MOHAN, S.BALAKRISHNAN, S.P.SINGH, SHANTI BHUSHAN, SVARUP JOHN, T.S.KRISHNAMURTHY IYER, Y.S.Chitale

Judgment

G.L. OZA, J.

(1) IN these appeals questions pertaining to the effect of certain laws on the rights of landholders in different capacities in Gudalur Taluk of Nilgiris District are raised.

(2) IT appears that in the erstwhile State of Madras, Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 was passed but later for this area the Tamil Nadu Gudalur Janmarn Estates (Abolition and Conversion into Ryotwari) Act, 1969 was passed. This Act received the assent of the President on 6/12/1969 but the Act was to come into force on a date which was to be notified by the government under S. 1(4 of the Act but it appears that even before the Act was brought into force the constitutional validity of the Act was challenged by various Janmies and the plantation lessees from Janmies in the Madras High court on the ground that the Act violated Articles 14, 19 and 31 of the Constitution of India. The Madras High court upheld the validity of the Act by its judgment dated 26/10/1970 and on appeal this court by its judgment dated 19/04/1972 upheld the validity of the Act in all respects but it held that S. 3 (vesting section) insofar as it relates to the forests area








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