AIR 1994 SUPREME COURT 1114 ::1994 AIR SCW 1271 ::1993 (1) SCC 345 ::(1992) 3 SCR 324 (SC) ::1992 ( ) JT (Supp) 30

Supreme Court Of India

Hon'ble Judge(s): P. B. Sawant, N. Venkatachala , JJ

(A) Bombay Land Revenue Code (5 of 1879) , S.214— Bombay Land Revenue Code (41 of 1966) , S.2, S.4— as amended by (Gujarat Amendment and Validation) Act (2 of 1981) Gujarat Land Revenue Rules (1972) , R.81(2)— (as amended by Gujarat Land Revenue (Amendment) Rules (1977) - Enhanced land revenue - By amending rules retrospectively made u/s. 214 of the Code - Challenge as to - On grounds validation ineffective since S. 214 of the Code not given retrospective effect whereas only rules made thereunder made applicable from anterior date - As per law on validation, for giving retrospective effect to amended provisions it is sufficient if amending Act stipulates that amended provisions to be always deemed to have been isnerte in the original provisions with effect from a specified date - Amending Act of 1981 clearly stipulating new rules prescribing enhanced rate of land revenue to be effective from 1st Sept., 1976 - As such, validation effective. AIR 1971 SC 57, AIR 1972 SC 1148 and AIR 1975 SC 1116, Disting.AIR 1962 SC 1517, AIR 1966 SC 1593, AIR 1970 SC 192, AIR 1972 SC 2205 and AIR 1967 SC 1581, Rel. on (Para 15 16 17 18 19) (B) Constitution of India , Art.14— Bombay Land Revenue C....