AIR 2015 GUJARAT 31

Gujarat High Court

Hon'ble Judge(s): Akil Kureshi, J. B. Pardiwala , JJ

(A) Gujarat Agricultural Lands Ceiling Act (27 of 1961) , S.6— Constitution of India , Art.14, Art.19, Art.21— Constitutional validity of Act - Act enacted for equitable distribution of agricultural land, to subserve agricultural land for allotment to persons in need of such lands for agriculture - Divesting land from those holding it in excess is not inequality as they formed distinct class from those who held same below excess limit - Agriculturist not prevented @page-Guj32from carrying his trade or business - Right to life and liberty includes right to live with dignity but not right to live in luxury - Act not ultra vires provisions of Constitution. Since the land held by the petitioners was in excess of the ceiling limit prescribed under the Act, necessary declaration in this respect was made before the competent authority. The petitioner pleaded that the Gujarat Agricultural Lands Ceiling Act made provisions divesting the petitioners and other agricultural land-holders of their properties without payment of any compensation and its provisions are opposed to Articles 14, 19 and 21 of the Constitution as it affects the basic features of the Constitution. The Court held that the Act was enacted for equitable distribution of agricultural land as best to subserve the common good to provide for the acquisition of surplus agricul....