( 1 ) ALL these petitions raise common questions of law. Therefore they are decided by this common judgment.

( 2 ) AHMEDABAD Municipal Corporation has framed Town Planning Scheme No. 29 which was provisionally sanctioned on 21st Novel 1968 and finally sanctioned on 1/02/1976. All the lands with which we are concerned in this group of petitions are comprised in Town Planning Scheme No. 29. They are agricultural lands. Survey No. 126/1/1 and Survey No. 171/1/1 in Special Civil Application No. 3295 of 1979 (and no other lands species in that petition) and all lands with which at other petitions are concerned have been reserved under the Town Panning Scheme for construction of houses for the employees of the Ahmedabad Municipal Corporation. On 31/03/1976 Government of Gujarat issued notification under sec. 4 of the Land Acquisition Act 1894 in respect of the aforesaid lands. It was published on 8/04/1976 Enquiry under sec. 5a of the end Acquisition Act was held. Thereafter on 27/03/1979 declaration under sec. 6 of the land Acquisition Act was made and it was published on 5/04/1979. The lands are sought to be acquired under the aforesaid notifications for a public purpose viz. construction of houses for the employees of the Ahmedabad Municipal Corporation.

( 3 ) PRIOR thereto on 26/08/1974 Ahmedabad Municipal Corporation passed a Resolution in which it was resolved that the aforesaid lands be purchased at the rate of Rs. 43 per square yard under an agreement which was entered into with the owners of those lands. However the lands were not actually purchased.

( 4 ) ON 17/02/1976 the Urban land (Ceiling and Regulation) Act 1976 (hereinafter referred to as the Land Ceiling Act for the sake of brevity) came into force and under that Act all the aforesaid lands were declared as vacant lands. Therefore the petitioners filed statements before the Competent Authority as required by that Act. Since proceedings under the Land Ceiling Act commenced proceedings under the Land Acquisition Act were slowed down.

( 5 ) THE petitioners felt that their lands were not governed by the provisions of the Land Ceiling Act. Therefore they filed these petitions R which they prayed for quashing the proceedings in respect of the aforesaid lands pending before the Competent Authority under the Land Ceiling Act and for directing the Land Acquisition Officer to proceed with land acquisition proceedings.

( 6 ) ON behalf of the petitioners Mr. Nanavaty has raised three contentious before us : (1) Urban Land (Ceiling and Regulation) Act 1976 is beyond the legislative competence of Parliament in so far as the State of Gujarat is concerned. (2) The aforesaid lands are not vacant lands and therefore the proceedings under the Land Ceiling Act are liable to be quashed. (3) Land Acquisition officer should proceed to make the award under Land Acquisition Act in respect of the lands which are under acquisition.

( 7 ) BEFORE we proceed to deal with these contentions it is necessary to make it clear that this judgment will govern all lands with which Special Civil Applications Nos. 3480 of 1979 3481 of 1979 3648 of 1979 668 of 1980 669 of 1980 889 of 1980 and 1205 of 198 are concerned and only Survey No. 126/1/1 and Survey No. 171/1/1 with which Special Civil application No. 3295 of 1979 is concerned. It shall not gown other lands which have been specified in Special Civil Application No. 3295 of 1979 because they are admittedly vacant lands.

( 8 ) SO far as the first contention is concerned it is necessary to refer to Entry 18 in the State List in Seventh Schedule to the Constitution. indisputably the impugned legislation has been enacted by Parliament under Entry 18 in the State List. It is not within the legislative competence of Parliament to enact a legislation in respect of a subject which falls within the exclusive jurisdiction of the State Legislature unless such legislation falls within the exceptions contained in Part XI of the Constitution. Art. 25