Krishnakumar Agrawal and Others v. State - 1982 Supreme(Online)(MP) 2

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1982 Supreme(Online)(MP) 2

MADHYA PRADESH HIGH COURT
*G. P. Singh, C. J., K. K. Dubey, J.
Krishnakumar Agrawal and Others v. State

Table of Content
1. judgment relates to constitutional validity. (Para 1 , 2)
2. examines ceiling area and definitions. (Para 3 , 4 , 6 , 7)
3. discusses validity and implications of provisions. (Para 5 , 8)
4. final dismissal of petitions. (Para 9)

1. This order shall also dispose of Misc. Petition No.747 of 1974.

2. These petitions relate to the constitutional validity of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 .

3. The Act as its long title shows was enacted to provide for the imposition of ceiling on agricultural holdings, acquisition and disposal of surplus land and matters ancillary thereto. The Act as originally enacted was assented to by the President on 28th September 1960. The Act was, thereafter, amended eight times, The Amending Acts are Acts Nos.35 of 1961, 38 of 1965, 25 of 1966, 12 of 1974, 13 of 1973, 20 of 1974, 2 of 1976 and 37 Of 1976. The principal Act as also the Amending Acts up to Act No.20 of 1976, have been inserted from time to time in the Ninth Schedule of the Constitution. In Waman Rao v. Union of India , AIR 1981 SC 271 , the Supreme Court has ruled that Acts inserted in the Ninth Schedule before 24th April 1973 are protected by Art.31 -