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1969 Supreme(Guj) 70

B.J.DIVAN, P.N.BHAGWATI
GOVINDSINGH RAMSINGHBHAI VAGHELA – Appellant
Versus
G. SUBBARAO,asstt. COLLECTOR DHOLKA. – Respondent


Advocates Appeared: B.S.KAPADIA, C.G.MEHTA, MAHESH C.BHATT

B. J. DIVAN, P. N. BHAGWATI, J.

( 1 ) THESE petitions challenge the constitutional validity of certain provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act 1947 The petitions divide themselves in two groups:- one group consisting of Special Civil Applications Nos. 977/68 1533 and 630/69 relates to lands situate in three villages namely Rampur Dhori and Saroda and the other group consisting of Special Civil Applications Nos. 218/69 and 220 to 222 of 1969 relates to lands situate in village Sarendi. The facts giving rise to the two groups of petitions are a little different though most of the questions of law are common and it is therefore necessary to state the facts separately in relation to each group. But before we do so we may point out one common feature in all the petitions namely that in each of these villages at one time or the other the scheme of consolidation of holdings was prepared by the Consolidation Officer and confirmed by the Settlement Commissioner or the State Government as the case may be in accordance with the procedure prescribed in the Act and consolidated holdings were allotted to owners of lands under the relevant consolidati



























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