2004 A I H C 2499 ::(2004) 2 Guj LH 589

Gujarat High Court

Hon'ble Judge(s): R. K. Abichandani, D. H. Waghela , JJ

(A) Gujarat Agricultural Lands Ceiling Act (27 of 1961) , S.6— Bid lands - Held by Girasdar - Declaration as surplus land - Validity - Bid lands in question were included in definition of "land" - Use of bid lands by girasdar was also "agriculture" - Thus bid lands were agricultural lands within the meaning and for the purpose of the Act - Ceiling area restrictions under S. 6 apply to such land - Declaration of Bid land as surplus land, valid. The "ceiling area" limits under the provisions of the charging S. 6 of the Act are applied to "land" as defined in S. 2(17) and not to any particular class of land, And, "land" is defined to specifically include bid lands held by girasdars under the Saurashtra Land Reforms Act, 1951 or the Saurashtra Estates Acquisition Act, 1952. Thus, the intention of the Legislature is absolutely clear about covering bid lands held by Girasdars in the matter of imposing ceiling upon holding of land. The argument to the effect that, in defining ceiling area under the provisions of Ss. 4 and 5 of the Act, bid lands had to be disregarded as not falling in any of the classes of land as defined in S. 2(6) and, therefore, ceiling area restrictions under S. 6 of the Act cannot be applied to such land has, therefore, to be negatived.(Para Para4.2) (B) Gujarat Agric....