Y. K. Sabharwal, J. - (1.) By judgment under challenge, the High Court modifying the decree passed by the trial Court for specific performance in respect of land in question, directed that the plaintiff-respondent No. 1 in this appeal, shall be entitled to enforce the said decree subject to the issue of final declaration under S. 21 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, the 'ULC Act') by the authorities in accordance with law. In other respects, substantially the judgment and decree of the trial Court was upheld.
(2.) The defendants are in appeal.
(3.) In the appeal and other connected counter matters the main question is about the interpretation of certain provisions of the ULC Act. This Act, in the first instance, came into force on the date of its introduction in the Lok Sabha, i.e. 28th January, 1976 and covered the Union Territories and 11 States which had already passed the requisite resolution under Cl. (1) of Art. 252 of the Constitution. This provision of the Constitution empowers the Parliament to legislate for two or more States on any of the matters with respect to which it has no powers to make laws except as provided in Arts. 249 and 250. The effect of passing of a resolution under Cl. (1) of Art. 252 is that the Parliament, which has no power to legislate with respect to the matter which is the subject-matter of the resolution, becomes entitled to legislate with respect to it. On the other hand, the State Legislature ceases to have a power to make a law relating to that matter.;