OAK, J. - (1.) IN these two connected petitions under Art. 226 of the Constitution the petitioners have raised the question of validity of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (U.P. Act No. 1 of 1961 - hereafter referred to as the Act).
(2.) ON 1-3-1933 the Secretary of State for India-in-Council executed in favour of Prag Narain Agarwal a lease for land covering an area of 5,193 acres situate in 12 villages in Pargarna Rudrapur. Tahsil Klohha, district Nainital. Prag Narain Agarwal died in 1938. K.N. Agarwal, who is the petitioner in Writ No. 2147 of 1961, and S.N. Agarwal, who is petitioner No. 1 in Writ No. 2633 of 1962 are two sons of Prag Narain Agarwal. Under a family arrangement, rights under the lease now vest in K.N. Agarwal, S.N. Agarwal and other members of the family. The land covered by the lease was undeveloped. It was covered with forest. The petitioners cleared the jungle, reclaimed the land, and brought it under cultivation. A good deal of money had to be spent in developing and reclaiming the land. For the last few years an area of about 2,900 acres has been under cultivation. Sugarcane forms the greater part of the cultivation. This is a mechanised farm. Several tractors are in use. The petitioners constructed tubewells and channels for irrigation. The Act came into force in 1961. The Act imposes ceilings on holdings. Cultivators are required to submit details of cultivation for fixing a ceiling on the holding. The total area under cultivation in the petitioners farm far exceeds the ceiling, that is likely to be fixed under the Act. The petitioners have been called upon by the authorities to file prescribed statements under the Act. The petitioners contention is that the Act is invalid. In the alternative, no ceiling can be fixed on their farm under the Act.
(3.) IN order to appreciate the various contentions advanced on behalf of the petitioners, it will be convenient to outline the salient features of the Act. The preamble of the Act runs thus : "Whereas it is necessary in the interest of the community to ensure increased agricultural production and to provide land for landless agricultural labourers and for other public purposes as best to subserve the common good; And whereas a more equitable distribution of land is essential; And, wherefore, it is expedient to provide for the imposition of ceiling on landholdings in Uttar Pradesh for the aforementioned purposes; ;