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december 1961

Supreme Court of India · 1961-12-22

MAHARANA SHRI JAYVANTSINGHJI RANMALSINGHJI ETC. vs THE STATE OF GUJRAT

Citation / case number
SC 1958/158
Court
Supreme Court of India
Petitioner
MAHARANA SHRI JAYVANTSINGHJI RANMALSINGHJI ETC.
Respondent
THE STATE OF GUJRAT
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that Sections 3, 4, and 6 of the Bombay Land Tenure Abolition Laws (Amendment) Act, 1958, were unconstitutional as they created a new class of permanent tenants, infringing the fundamental rights of tenure-holders under Articles 14, 19(1)(f), and 31 of the Constitution. The Court found that these provisions effectively reduced the purchase price entitlement of the petitioners under Section 32H of the Bombay Tenancy and Agricultural Lands Act, 1948, thereby violating their property rights. The dissenting opinions noted the implications of the Act on the rights of tenure-holders, emphasizing the need for legislative competence under Article 31A.

MAHARANA SHRI JAYVANTSINGHJI RANMALSINGHJI ETC. vs THE STATE OF GUJRAT · Niyam