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april 1968

Supreme Court of India · 1968-04-10

STATE OF MAHARASHTRA ETC. vs MADHAVRAO DAMODAR PATILCHAND ORS. ETC.

Citation / case number
SC 1966/60068
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA ETC.
Respondent
MADHAVRAO DAMODAR PATILCHAND ORS. ETC.
Bench
HIDAYATULLAH, M. (CJ),SHAH, J.C.,SIKRI, S.M.,BACHAWAT, R.S. & MITTER, G.K.,VAIDYIALINGAM, C.A. & HEGDE, K.S.

Judgment text excerpt

The Supreme Court upheld the validity of the Maharashtra State Agricultural Lands (Ceiling on Holdings) Act, 1961, as amended by Act 13 of 1962, under Article 31B of the Constitution, which protects laws specified in the Ninth Schedule from challenges based on fundamental rights violations. The Court clarified that the inclusion of the original Act in the Ninth Schedule also implicitly includes amendments made to it. The challenges regarding the competence of the State Legislature and the effectiveness of orders under the Defence of India Rules were dismissed, affirming the Act's purpose of equitable land distribution for agricultural use.

STATE OF MAHARASHTRA ETC. vs MADHAVRAO DAMODAR PATILCHAND ORS. ETC. · Niyam