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1994 Supreme(SC) 677

Jilubhai Nanbhai Khachar – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
Mr. Harish J. Jhaveri, Advocate (in C. A. Nos. 2211, 2213 and 2214 of 1984) and Mr. B. K. Mehta, Sr. Advocate, Mr. Harish J. Jhaveri, Mr. L.U. Shah, Advocates with him (in C. A. Nos. 2212/84 and 3013 / 90) and Mr. A. K. Ganguli, Sr. Advocate, Mr. Pramod B. Agarwala and Mr. Satish Agarwala, Advocates with him (in C. A. No. 2215/84), for Appellants; Mr. D. A. Dave, Mr. Anip Sachthey, Mr. C.B. Singh, Mr. Vivek Sharma and Ms. Meenakshi Arora, Advocates, for Respondents.

Judgement

K. RAMASWAMY, J. :- These five appeals raise four-pronged attack on the constitutionality of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Act 8 of 1982 (for short "the Amendment Act"). Though unsuccessful in the High Court of Gujarat in Special Applications Nos. 1118 of 1982 and batch by judgment of the Division Bench dated 7/8 September, 1983 (reported in AIR 1984 Guj 157) and followed in Special Civil Application No. 763/82 dated September 16, 1988 the appellants had leave of this Court. A short shift of the antecedent history of land tenures in Saurashtra region of the State of Gujarat is necessary to focus the focal points posed for decision, by common judgment. The appellants are successors of Barkhalidars and Girasdars. The erstwhile Saurashtra State consisted of 220 princely States ruled by Sovereign Rulers in their own rights. The lands in these appeals form present parts of Surendra Nagar and Bhavnagar districts. In the State of Saurashtra, the Rulers entered into agreements with Taluqadars and estate holders and also created a class of interested people known as "Barkhalidars or Girasdars." Various parcels of lands together with


































































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