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1977 Supreme(P&H) 44

BHOPINDER SINGH DHILLON, HARBANS LAL, GURNAM SINGH, O.CHHINNAPPA REDDY, AJIT SINGH
Jaswant Kaur – Appellant
Versus
State Of Haryana – Respondent


Judgment

O.CHINNAPPA REDDY, J.

1. These writ petitions represent, perhaps, the final desperate attempt to stand up against the avalanche of land reforms initiated pursuant to the Directive Principles of State Policy. In these writ petitions, the vires of some of the provisions of the Haryana Ceiling on Land Holdings Act 1972 (Act XXVI of 1972) is in question. The Act received the assent of the President on 22.12.1972 and was published in the Official Gazette on 23.12.1972. The Act was included in the Ninth Schedule to the Constitution on 7.09.1974, and, thereby, it came under the protective umbrella of Art. 31-B of the Constitution and became immune from attack on the ground of inconsistency with or abridgement of any of the Fundamental Rights guaranteed by Part III of the Constitution. However, on 9.09.1974, in Saroj Kumari V/s. State of Haryana, 1975 0 PunjLR 407 a Division Bench of this court, who apparently were unaware of the inclusion of the Act in the Ninth Schedule, struck down certain provisions of the Act on the ground that those provisions offended the rights guaranteed by Part III of the constitution. They held that the provisions were also not saved by Art.31-A of the C















































































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