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M. PATANJALI SASTRI, N. H. BHAGWATI, GHULAM HASAN, S. R. DASS, B. K. MUKHERJEE
K. C. Gajapati Narayan Deo – Appellant
Versus
State Of Orissa – Respondent
Key Points: - The Act’s constitutional validity and colourable legislation aspects are contested; the ruling discusses power under Entry 42 List III and Article 31(4) protections. (!) (!) (!) - The calculation of net income, deductions (including agricultural income tax), and compensation methodology under the Act are central issues. (!) (!) (!) (!) (!) - Challenges to related amendments (Orissa Agricultural Income-Tax Amendment Act 1950; Madras Estates Land Act amendments) and their impact on the Estates Abolition Act’s validity and compensation are analyzed. (!) (!) (!) (!) (!) - The court upholds the Act’s provisions and rejects the colourable legislation and equal protection objections, affirming the form and manner of compensation under Entry 42 and Article 31(4). (!) (!)
Judgment
B. K. MUKHERJEA, J. :
These six appeals arise out of as many applications, presented to the High Court of Orissa, under Art. 226 of the Constitution, by the proprietors of certain permanently settled estates within the State of Orissa, challenging the constitutional validity of the legislation known as the Orissa Estates Abolition Act of 1952 (hereinafter called "the Act") and praying for mandatory writs against the State Government restraining them from enforcing the provisions of the Act so far as the estates owned by the petitioners are concerned.
2. The impugned Act was introduced in the Orissa State Legislature on 17-1-1950 and was passed by it on 28-9-1951. It was reserved by the State Governor for consideration of the President and the President gave his assent on 23-1-1952. The Act thus receives the protection of Arts. 31(4) and 31(A) of the Constitution though it was not and could not be included in the list of statutes enumerated in the ninth schedule to the Constitution, as referred to in Art. 31(B).
3. The Act, so far as its main features are concerned, follows the pattern of similar statues passed by the Bihar, Uttar Pradesh and Madhya Pradesh Legislative Assemb
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