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october 1974

Supreme Court of India · 1974-10-03

ACHARAYA MAHARAJSHRI NARANDRAPRASADJI ANANDPRASADJI MAHARA vs THE STATE OF GUJARAT & ORS.

Citation / case number
SC 1971/60244
Court
Supreme Court of India
Petitioner
ACHARAYA MAHARAJSHRI NARANDRAPRASADJI ANANDPRASADJI MAHARA
Respondent
THE STATE OF GUJARAT & ORS.
Bench
RAY, A.N. (CJ),BEG, M. HAMEEDULLAH,ALAGIRISWAMI, A.,GOSWAMI, P.K.,SARKARIA, RANJIT SINGH

Judgment text excerpt

The Supreme Court upheld the Gujarat Devasthan Inams Abolition Act, 1969, stating that Article 26(c) of the Constitution, which guarantees the right to own property for managing religious affairs, does not prevent the State from acquiring property under Article 31(2). The Court clarified that the right under Article 26(c) is not absolute and can be subject to state intervention for agrarian reform, as long as the acquisition does not completely negate the religious denomination's ability to manage its affairs. The Act was deemed to be in furtherance of agrarian reform and protected under Article 31A, with the compensation provisions found adequate.

ACHARAYA MAHARAJSHRI NARANDRAPRASADJI ANANDPRASADJI MAHARA vs THE STATE OF GUJARAT & ORS. · Niyam