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Supreme Court of India
B.S. CHAUHAN & FAKKIR MOHAMED IBRAHIM KALIFULLA
State of Gujarat & Another
Versus
Manoharsinhji Pradyumansinhji Jadeja
CIVIL APPEAL NO.612 OF 2002
Decided on : 04-12-2012
(b) Interpretation of Statutes - Effective date - It is the date of notification and not the passing of the Act by Parliament. (Para 42)
AIR 1941 F.C. 72 - Relied upon
(c) Interpretation of statutes - Article 252(1), Constitution of India - Once legislative power in respect of a subject, instantly land under Entry 18 of List II of Schedule VII, is surrendered by the State to the Centre, it will be precluded from making any amendment in any Act on the subject. (Para 45)
AIR 1962 SC 594 - Relied upon
(d) Saurashtra Act, 1951 -- Bid land - Character of Bid land cannot vary on the ground of who owns it - Definition of bid land is de hors ownership. (Paras 48 and 52)
(1980) 4 SCC 295; (1997) 11 SCC 754 - Referred
(e) Saurashtra Estates Acquisition Act, 1952 - Section 5(1) - Notwithstanding anything contained in Section 3 or Section 4 Bid Land were exempted from acquisition. (Para 50)
Interpretation of Statutes - Unambiguous language of the statute - No need to refer to preamble or statement of objects and reasons. (Paras 57 and 58)
AIR 1978 SC771; (1978) 2 SCR 1 - Relied upon
(f) Gujarat Agricultural Lands Ceiling Act, 1960 - Section 2(1) - Bid lands shall fall within the definition of agricultural land. (Para 63)
(2010) 10 SCC 594; (1934) 2 K.B. 206; (1950) 1 All E.R. 737; (1957) 1 All E.R. 583; AIR 1963 SC 151 - Relied upon
(g) Administration of Justice - Judicial Review - Agricultural land lying within the urban agglomeration - Application of Act 1976 is excluded - Act 1960 will apply. (Para 70)
(h) Constitution of India - Article 252 - State and Central legislation - Agricultural land - Gujarat Agricultural Lands Ceiling Act, 1960 amended in 1974 - Urban Land (Ceiling and Regulation) Act, 1976 enacted by Parliament - Effect - Act 1960 would continue to operate and apply on agricultural land not covered by Act 1976. (Para 71)
(1979) 3 SCC 324; AIR 1952 SC 252 - Relied upon
(i) Urban Land (Ceiling and Regulation) Act, 1976 - Validity - The Act imposing a restriction by way of ceiling on urban land within the urban agglomeration by excluding agricultural land - Valid. (Para 74)
(1979) 3 SCC 324 - Relied upon
(j) Code of Civil procedure, 1908 - Section 11 - Ingredients - Must be fulfilled before invoking the provision. (Para 82)
AIR 2007 SC 1701 - Relied upon
(k) Interpretation of statutes - Repeal of an Act - Effect - Embargo imposed on Gujarat Agricultural Lands Ceiling Act, 1960 and its Amendment Act 1974 by Urban Land (Ceiling and Regulation) Act, 1976 - Effect of repeal of Act 1976 - All embargoes would cease to exist and the Act 1960 would operate in full force. (Para 83)
1958 SCR 1422 - Relied upon
Facts of the case:
This case relates to determination of surplus land under the Gujarat Agricultural Lands Ceiling Act, 1960.
Finding of the Court:
Meaning of Bid land in the Saurashtra Act Nos.XXV of 1951, Act XXVI of 1951 and Act III of 1952 cannot be restricted exclusively to the specified persons viz., Girasdars, Barkhalidars and the Rulers.
Finding of the Court:
Impugned judgment cannot be sustained.
Result : Appeal allowed.
Judgment :-
Fakkir Mohamed Ibrahim Kalifulla, J.
1. The State of Gujarat and the Mamlatdar & Agriculture are the appellants. The appellants are aggrieved by the judgment of the Single Judge of the High Court of Gujarat at Ahmedabad dated 11.10.2000 and the final order of the Division Bench dated 20.10.2000 passed in Letters Patent Appeal No.597/2000 in Special Civil Application No.4015 of 1990. By the said impugned judgment and the final order, the Letters Patent Appeal preferred by the appellants came to be dismissed confirming the judgment of the learned Single Judge passed in Special Civil Application No.4015 of 1990 dated 06.05.1999.
2. The second appellant herein initiated proceedings under the provisions of The Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter called as ‘the Act of 1960’) and after hearing the interested party, passed an order dated 24.08.1982 in Ceiling Case No.2 of 1976 holding that the land to an extent of 587 acres 35 Gunthas was in excess of ceiling limit and the respondent was entitled to retain only balance land i.e. 51 acres.
3. The respondent preferred an appeal under Section 35 of the 1960 Act to the Deputy Collector, Rajkot. The Deputy Collector dismissed the appeal by an order dated 10.11.1983. The respondent preferred a revision under Section 38 of the Act of 1960 which was registered as TEN.B.R.4/84 before the Gujarat Revenue Tribunal. The Gujarat Revenue Tribunal by its judgment dated 08.09.1989 partly allowed the revision and directed that Randarda lands admeasuring 40 acres to be included in the total holding, that Bhomeshwar Temple admeasuring 12 acres 34 Gunthas to be excluded from the holding of the respondent and remanded the matter back to the second appellant for taking evidence regarding the age of the members of the family.
4. Aggrieved by the order of the Gujarat Revenue Tribunal, the respondent preferred the writ petition in Special Civil Application No.4015 of 1990. Before the learned Single Judge, the respondent took the stand that his lands were covered by the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called the ‘Act, 1976’) and was not governed by the Act of 1960. In fact, the said stand of the respondent was raised for the first time in the writ petition. The stand of the respondent was accepted by the learned Single Judge and by the judgment and order dated 06.05.1999 passed in Special Civil Application No.4015 of 1990, the judgment and order of the Gujarat Revenue Tribunal dated 08.09.1989 in Revision Application No.TEN.B.R.4/84 was set aside and the Rule was made absolute.
5. The appellants preferred Letters Patent Appeal No.597/2000 and by the order impugned in this civil appeal, the said LPA having been dismissed, the appellants have come forward with this appeal.
6. We heard Mr. Soli J. Sorabjee, learned senior counsel for the appellants and Mr. Shekhar Naphade, learned senior counsel for the respondent. Mr. Soli J. Sorabjee, learned senior counsel for the appellants in the first instance traced the existence of the Act of 1960 as it originally stood which was enforced on 15.06.1961 and, thereafter, the initiative taken by the Gujarat State Legislative Assembly by passing a resolution on 14.08.1972 under Article 252 (1) of the Constitution of India authorizing the Parliament to legislate with respect to ‘imposition of ceiling on the holding of urban immovable property’. Learned senior counsel also referred to the amendment passed by the State Legislature to the definition of ‘land’ in the Act of 1960 by way of ‘removal of doubts’ to the expression ‘Bid lands’ also to be included in the definition of ‘land’ on 23.02.1974 which amendment was notified on 01.04.1976 under the Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972. Learned senior counsel also brought to our notice the coming into force of the Act, 1976 on and from 17.02.1976.
7. While elaborating his submissions on the various provisions contained in the different enactments
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