JUDGMENT

TULZAPURKAR, J:—These appeals by special leave, directed against the Full Bench decision of the Punjab & Haryana High Court in Jaswant Kaurs case, AIR 1977 Punj & Har 221, seek to challenge the vires of some of the provisions of the Haryana Ceiling on Land Holdings Act, 1972 (26 of 1972) and according to the appellants some of the provisions are pivotal and run through the whole Act and, therefore, the entire Act is liable to be struck down.

2. The Act (26 of 1972) received the assent of the President on 22-12-1972 and was published in the Official Gazette on 23-13-1972. Section 2 contained and even now contains the requisite declaration that it was enacted for giving effect to the policy of the State towards securing the principles specified in cls. (b) and (c) of Art. 39 of the Constitution. The Act was included in the Ninth Schedule to the Constitution on 7-9-1974 (vide: Item 72), and, thereby, it came under the protective umbrella of Art, 31-B of the Constitution; however, on 9-9-1974 in Saroj Kumaris case AIR 1975 Punj & Har 353 a Division Bench of the Punjab & Haryana High Court, being apparently unaware of such inclusion, struck down certain provisions of the Act on