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P. N. BHAGWATI, Y. V. CHANDRACHUD, V. D. TULZAPURKAR, A. P. SEN, V. R. KRISHNA IYER
Union Of India: Maharao Sahib Shri Bhim Singhji – Appellant
Versus
Valluri Basavaiah Chowdhary: Union Of India – Respondent
Judgment
SEN, J.:- These appeals, by certificate, are directed against the judgment and order of the Andhra Pradesh High Court dated December 3, 1976 allowing a batch of thirty seven writ petitions. The appeals raise an important question namely, whether the Urban Land (Ceiling and Regulation) Act, 1976 is ultra vires the Parliament so far as the State of Andhra Pradesh is concerned. A subsidiary question is also involved as to whether even assuming the Act is in force in the State, it is not applicable to Varangal because there was no master plan prepared in accordance with the requirements of Section 244 (1) (c) of the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956.
2. A further question arises in a connected writ petition under Art. 32 of the Constitution, whether the inclusion of the State of Rajasthan in Schedule I to the Urban Land (Ceiling and Regulation) Act, 1976 and the categorisation of the Urban agglomerations of the cities and towns of Jaipur and Jodhpur in category C and Ajmer, Kota and Bikaner in category D therein, is beyond the legislative competence of Parliament and, therefore, the Act is liable to be struck down to that extent.
3. The State Legis
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