- (1.) These three appeals raise common question of law of some importance as regards the agrarian reforms in the State of Gujarat. The facts inca No. 1886 of 1988 are sufficient for disposal of these appeals.
(2.) The appellant had purchased 7 acres, 9 gunthas of land in Moria Village of Pardi Taluk, District Valsad of State of Gujarat on 27/11/1967 without obtaining permission from the Mamlatdar as required under Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948, for short 'the Act'. Proceedings were initiated for his ejectment from the land for purchase made contrary to Section 63 which went against him. Consequently he filed Special Civil Application No. 653 of 1979. The High court by common judgment dated 9/2/1988 dismissed the same along with other matters. Thus this appeal by special leave.
(3.) Shri Bobde, learned Senior Counsel for the appellant contended that under Article 19 (1 (J) of the Constitution he has a right to reside and settle down at any place throughout the territory of India. The appellant, therefore, had a right to acquire and hold any property within the State of Gujarat, though he did not have any land there nor did he personally reside at the date of the sale in Village Moria. He is an agriculturist in Nani Daman and being an agriculturist he is entitled to purchase the lands in Moria. Section 63 of the Act does not contemplate prior permission. Even after the purchase he can seek the permission and seek validation of the purchase. Therefore, the view taken by the High court is in contravention of his fundamental right under Article 19 (1 of the Constitution, as a citizen. We find no force in the contention.;