( 1 ) THESE petitions arising from operation of the Gujarat Agricultural Lands Ceiling Act, 1960 (the Act for short) challenge the orders declaring "bid" lands held by Girasdar to be surplus lands and the revisional orders confirming them. The challenge against such acquisition of large tracts of bid lands as surplus lands was mounted mainly on the twin grounds of the Act being not applicable to bid lands and the relevant provisions being ultra vires the Constitution. Since all the matters were argued together on these common grounds, they are disposed by this common judgment although the relevant facts of only Special Civil Application No. 1290 of 1983 were canvassed and are considered as typical for the purpose of deciding the issues.

( 2 ) IN order to appreciate the facts and contentions, reference to the relevant provisions and historical background of holding of the bid lands by Girasdars would be necessary. The petitioners are Girasdars recognized as such in the erstwhile State of Saurashtra when the Act to provide for certain land reforms in Saurashtra in the form of Saurashtra Land Reforms Act, 1951 was enacted with the avowed object, inter alia, of putting an end to girasdari system and extinguishment of their rights. "land" for the purpose of that Act meant "any agricultural land, bid land, or cultivable waste". By section 4 of that Act, all girasdari lands were declared to be liable to payment of land revenue to the State. Besides improving the land revenue administration and regulating the relationship between Girasdars and their tenants, that Act provided for allotment of land to Girasdar for personal cultivation and, for that purpose, priority was required to be given to allotment of such of the bid lands or cultivable waste of the estate as the girasdar would wish to utilize for himself. The word "estate" was defined to mean land of whatever description or undivided share thereof held by a girasdar and it included uncultivable waste, whether such land was used for the purpose of agriculture or not. And, "bid land" was defined to mean such land as was used by a girasdar for grazing his cattle or for cutting grass for the use of his cattle. 2. 1 an Act to provide for acquisition of certain estates of girasdars was enacted in 1952 in the form of the Saurashtra Estates Acquisition Act, 1952, under which, "bid land" meant such land as on 17th April, 1951 was specifically reserved and was being used by a girasdar for grazing cattle or for cutting grass. That Act empowered the Government to declare, by notification in the Official Gazette, that with effect from such date as may be specified, all the rights, title and interest of girasdars shall, in respect of any estate or part of an estate comprised in the notification, cease and be vested in the State of Gujarat. For the purpose of that Act, "estate" meant all land of whatever description or undivided share thereof held by a girasdar. Section 5 of that Act, however, provided as under:"sec. 5 (1) : Notwithstanding anything contained in section 3, or section 4- (a) no bid land which is also uncultivable waste, wadas and kodias shall vest in, and be the property of the State of Gujarat; (b) no bid land comprised in the estate of a girasdar who is considered to be of B and C class for the purpose of making rehabilitation grant under the Saurashtra Land Reforms Act, 1951, or of a Barkhalidar, the total area of agricultural land comprised in whose estate does not exceed eight hundred acres, shall vest in and be the property of the State of Gujarat; and (c) no bid land which is also cultivable waste or no village site land shall be acquired unless it is in excess of the requirements of the girasdar or barkhalidar in accordance with the rules to be made in this behalf; and (d) in the case of girasdari majmu villages, one fourth of the total area of bid land in the village shall not be acquired. (2) If any bid land or village site land is not acquired under t