2013 AIR SCW 131 ::AIR 2013 SC (Civil) 369 ::AIR 2012 SC (Supp) 983

Supreme Court Of India

(From : Gujarat)

Hon'ble Judge(s): B. S. Chauhan, F. M. Ibrahim Kalifulla , JJ

(A) General Clauses Act (10 of 1897) , S.5— Act - Operational date - Is date when Governor given assent - Not day when bill is passed. (Para 42) (B) Gujarat Agricultural Lands Ceiling Act (27 of 1961) , S.2(17), S.2(1)— Saurashtra Estates Acquisition Act (3 of 1952) , S.2(a)— Saurashtra Land Reforms Act (25 of 1951) , S.2(6)— Bid land - Nature and character - Determination - Definition of bid land given under 1951, 1952 Acts - Relevant for understanding meaning of bid land in 1961 Act. The definition of bid land given in 1951, 1952 are relevant for determining implication of 1960 Act. It is true that under the Saurashtra Act 25 of 1951, Saurashtra Act 26 of 1951 and Saurashtra Act 3 of 1952, the purport of enactments were to extinguish all rights held by Girasdars and Barkhalidar as well as the Rulers of the State in the State of Gujarat in respect of their estates which among other kinds of lands included "bid Land" also. But the Act was also enacted to provide certain measures for the abolition of the Barkhalidars tenure in Saurashtra. Therefore, even though these enactments were brought into effect with particular reference to the holding of certain estates by Girasdars and Barkhalidars as well as erstwhile Rulers of State, such restricted applic....