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july 1962

Supreme Court of India · 1962-07-27

SHIVDEV SINGH vs THE STATE OF PUNJAB(And Connected Petition)

Citation / case number
SC 1961/47
Court
Supreme Court of India
Petitioner
SHIVDEV SINGH
Respondent
THE STATE OF PUNJAB(And Connected Petition)
Author
SINHA, BHUVNESHWAR P.(),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAHC.
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAH, J.C.

Judgment text excerpt

The Supreme Court ruled that Rule 31 of the PEPSU Tenancy and Agricultural Lands Act, 1955, which provided for the exemption of efficiently managed farms from land ceiling limits, was ultra vires as it exceeded the rule-making power granted under Section 32K of the Act. The Court held that the arbitrary standards set forth in Rule 31 were not only unreasonable but also defeated the legislative intent of providing exemptions for efficiently managed farms. Consequently, the entire Rule 31 was struck down as it could not be severed from the Act's provisions, thus upholding the principles of land reform and equitable distribution of land.

SHIVDEV SINGH vs THE STATE OF PUNJAB(And Connected Petition) · Niyam