- (1.) These appeals are by certificate granted by the High Court of Gujarat. Since a common question of law arises for consideration in all these appeals and the learned counsel in all the appeals adopted the arguments of Mr. Tarkunde, the learned counsel for the appellant (in Civil Appeal No.746 of 1971) the facts of that appeal alone need be stated and this judgment will govern all the appeals.
(2.) The appellant is the Managing Trustee of the Trust of the Temples of Laxminarayan Deo of Vadtal and is the Acharya of the Gadi of the Swaminarayan Sampraday at Vadtal which is a public trust registered under the Bombay Public Trust Act. Under the scheme of the Trust the appellant is authorised to look after the management of the properties of the Trust. It is not disputed that the Swaminarayan Sampraday is a religious denomination which believes in Lord Krishna and Radha. The Institution holds Devasthan Inam lands and the appellant challenges the constitutional validity of the Gujarat Devasthan Inams Abolition Act, 1969 (hereinafter referred to as the Act).
(3.) The Act came into force on November 15, 1969 and it extends to the Bombay area of the State of Gujarat. The preamble shows that it is an Act "to abolish inams held by religious or charitable institution in the Bombay area of the State of Gujarat and to provide for matters consequential and incidental thereto".;