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1976 Supreme(Mad) 387

P.S.KAILASAM, RAMANUJAM
A. Venkatakrishnan – Appellant
Versus
Union Territory of Pondicherry – Respondent


Advocates:
K.K. Venugopal for M. Krishnappan for Petitioner; V.K. Thiruvenkatachari for Govt. Pleader for Pondicherry on behalf of the Respondents 1 and 2 and C. Krishnan, Govt. Pleader for Pondicherry for Respondents 1 and 2 etc.

Judgement

KAILASAM, C.J. :- In these Writ Petitions, the Petitioners have prayed for the issue of a Writ of Declaration or any other appropriate. Writ declaring the Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 (Act 9 of 1974) as null and void, in so far as it affects the petitioners.

2. In these Writ Petitions, the validity of Act 9 of 1974 generally, and particularly S. 4 (4) was challenged on two grounds; firstly, that the enactment was in violation of fundamental rights, and secondly, that the Pondicherry Legislature has no power to make retrospective laws. In fixing the ceiling on land holdings, S. 4 (4) provides as follows :

" In calculating the extent of land held by any person, any land which was transferred by sale, gift or otherwise or partitioned by that person after the appointed day but before the commencement of this Act, shall be taken into account as if such land had not been transferred or partitioned, as the case may be."

The result of this sub-section is that in determining the ceiling area, the land possessed by the landholder as on 24-1-1971, the appointed day, will have to be taken into account although the Act came into force on 14-10-1974. Th





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