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2004 Supreme(Guj) 82

D.H.WAGHELA, R.K.ABICHANDANI
KHACHAR GODADBHAI PITHUBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: AKIL KURESHI, B.J.JADEJA, J.R.Nanavati, K.G.VAKHARIA, MANISHA LAV KUMAR SHAH, MEHUL SHARAD SHAH, P.HATHI, S.V.PARMAR, SURESH M.SHAH

D. H. WAGHELA, J.

( 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









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