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2009 Supreme(Bom) 1404

A.M.KHANWILKAR, A.S.OKA, S.B.MHASE, SWATANTER KUMAR, R.M.SAVANT
State of Maharashtra – Appellant
Versus
Murarao Malojirao Ghorpade – Respondent


Advocates appeared:
For the Appellants:R.M. Kadam, Advocate General, with A.A. Kumbhakoni, N.P. Deshpande, AGP and Ms G.P. Mulekar, AGP.
For the Respondents:R1 & R2, D.J. Khambatta, Additional Solicitor General, Amicus Curaie with Shekhar Jagtap and Shailesh Chavan i/by M/s. J. Shekhar & Co., R3, S.P. Thorat, Advocates.

Judgment :-

Swatanter Kumar, C.J.


The State of Maharashtra enacted the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as “the Act”), primarily with an object to give effect to the State policy so that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment as well as to ensure the ownership and control of the material resources of the community are so distributed as best to subserve the common good. The Directive Principles of State policy contained under Part IV of the Constitution of India had attained a different significance and legal stature of the Directive Principles was uplifted by the 25th Amendment Act, 1971 of the Constitution. Article 31C of the Constitution states that, notwithstanding anything contained in Article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Article 14 or Article 19 of the Constitution, and no law containing a declaration that it is for g


























































































































































































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