PATEL AMBALAL GOKALBHAI Vs. STATE OF GUJARAT
SUPREME COURT OF INDIA (FROM: GUJARAT)
Patel Ambalal Gokabhai
State of Gujarat and Others
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(1.) In the writ petitions that were filed in the High Court both the Gujarat Amending Acts, namely Gujarat Act No. 16 of 1960 and Gujarat Act No. 36 of 1965, whereby the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act No. 67 of 1948) was amended, were challenged and the validity thereof was challenged on the ground that the provisions thereof offended Articles 14, 19 and 31. The challenge has been negatived by the Gujarat High Court. In so far as Act No. 16 of 1960 is concerned the challenge has been negatived on the ground that it has been included in the Ninth Schedule of the Constitution and so far as Act No. 36 of 1965 is concerned the challenge has been negatived on the ground that it formed a chain in the agrarian reform and as such it was protected by Art. 31A (1) (a) and that the same was clarificatory in nature. We are satisfied with the reasons which have been given by the High Court upholding the validity of both the Acts and find no ground for interference. It is unnecessary to dilate on the reasons given by the High Court over again. The appeal is therefore dismissed with no order as to costs.
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