Beg, J. - (1.) The eight Civil Appeals before us by certificates of fitness of the cases for appeals to this Court raise common questions involving the interpretation of Articles 31A and 31B of the Constitution of India in relation to the Gujarat Agricultural Land Ceiling Act XXVII of 1961 (hereinafter referred to as 'the Act').
(2.) The preamble of the Act says that it was enacted because: "********** it is expedient in the public interest to make a uniform provision for the whole of the State of Gujarat in respect of restrictions upon holding agricultural land in excess of certain limits and it is also expedientfor so securing the distribution of agricultural land as best to subserve the common good to provide for the acquisition of surplus agricultural land for the allotment thereof to persons who are in need of lands for agriculture (including co-operative farming societies, landless persons, agricultural labourers and small holders) or for the allotment of such surplus agricultural lands the integrity of which is maintained in compact blocks to a department of Government or to co-operative farming societies or corporations owned or controlled by the State, for ensuring the full and efficient use thereof and to provide for other consequential and incidental matters hereinafter appearing;"
(3.) The part of Section 6 of the Act with which we are especially concerned provides: "6 (1) Notwithstanding anything contained in any law for the time being in force or in any agreement, usage or decree or order of a Court, with effect from the appointed day, no person shall, subject to the provisions of sub-sections (2), (3), (3A) and (3B) be entitled to hold, whether as owner or tenant or partly as owner and partly as tenant land in excess of the ceiling area. (2) Where an individual, who holds land, is a member of a family, not being a joint family whichconsists of the individual and his spouse (or more than one spouse) and their minor sons and minor unmarried daughters, irrespective of whether the family also includes any major son, and land is also separately held by such individual's spouse or minor children, then the land held by the individual and the said members of the individual's family, excluding major sons, if any, shall be grouped together for the purposes of this Act and the provisions of this Act shall apply to the total land so grouped together as if such land had been held by one person. (3)********** (3A)********** (3B) Where a family or a joint family consist of more than five members comprising a person and other members belonging to all or any of the following categories, namely:- (i) minor son, (ii) widow of a pre-deceased son, (iii) minor son or unmarried daughter of a pre-deceased son, where his or her mother is dead, Such family shall be entitled to hold land in excess of the ceiling area to the extent of one-fifth of the ceiling area for each member in excess of five, so however that the total holding of the family does not exceed twice the ceiling area; and, in such a case, in relation to the holding of such family, such area shall be deemed to be the ceiling area: Provided that if any land is held separately also by any member of such family, the land so held separately by such member shall be grouped together with the land to such family for the purpose of determining the total holding of such family: Provided further that where, in consequence of any member of such family holding any land in any other part of India outside the State, the ceiling area in relation to the family is reduced as provided in sub-section (3A), the one-fifth of the ceiling area as aforesaid shall be calculated with reference to the ceiling area as would have been applicable had no such land been held by such member in any other part of India. (3C) Where a family or a joint family irrespective of the number of members includes a major son, then each major son shall be deemed to be a separate person for the purposes of sub-section (1).";