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april 1989

Supreme Court of India · 1989-04-21

STATE OF GUJARAT & ANR. vs KAMLABEN JIVABHAI & ORS.

Citation / case number
SC 1973/60345
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT & ANR.
Respondent
KAMLABEN JIVABHAI & ORS.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that the Gujarat Surviving Alienations Abolition Act, 1963, aims to abolish certain alienations not covered by prior laws, and is included in the Ninth Schedule of the Constitution. The Court ruled that the exclusion of sub-clause (d) of clause (3) of section 2 from Article 31-B means it does not receive constitutional protection. The extinguishment of hereditary rights to collect resources from the Gir Forest was deemed part of agrarian reform under Article 31-A(1), and the respondents are entitled to compensation under the Act, notwithstanding Articles 14, 19, and 31 of the Constitution.

STATE OF GUJARAT & ANR. vs KAMLABEN JIVABHAI & ORS. · Niyam