AIR 1952 SAURASHTRA 124

Saurashtra High Court

Hon'ble Judge(s): Shah , C.J. AND Baxi , J

Nawanagar Pass Hazari Dhara Act of St. 2003 (1947 AD) , — Validity. Constitution of India , Art.15(1), Art.19(1)(d), Art.19(1)(e)— The Act which has been made applicable to certain communities of the villages mentioned in the schedule and subjects them to the restrictions contained in the Act discriminates against them on the ground of their caste or communities only. It therefore offends Art. 15(1) of the Constitution and is void.(Para 3) Further the important restrictive provisions of the Act, namely, Ss. 4, 5, 6, 10, 11, 13 and 14 impose restrictions not depending upon the individual propensities of the persons to whom the Act has been applied. Since a person who might not have committed a single offence and might be living a pure life would legally be subjected to the restrictions as a result of the provisions of the sections and since no public interest can be served by subjecting a person to the severe restrictions undeservingly these sections are void and of no effect as being in contravention of the provisions of Art. 19(1) (d) and (e). The other provisions of the Act being merely ancillary to these main provisions cannot stand independently. The whole Act therefore fails and must be declared void.(Para 3) .....