Supreme Court of India · 1968-04-19
RAMANLAL GULAB CHAND SHAH ETC. vs STATE OF GUJARAT & ORS., ETC.
- Citation / case number
- SC 1967/209
- Court
- Supreme Court of India
- Petitioner
- RAMANLAL GULAB CHAND SHAH ETC.
- Respondent
- STATE OF GUJARAT & 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 ruled that the amendment to Section 65 of the Bombay Tenancy and Agricultural Lands Act, 1948, is ultra vires as it confers arbitrary power on authorities without adequate safeguards. The Court held that Article 31A does not protect this amendment since it does not meet the criteria for management in public interest for a limited period. Consequently, the orders for taking over management of the lands were deemed illegal and could not be upheld.