LAWS(SC)-1980-11-10

WAMAN RAO HANMANTRAO CHANDRA SHEKAR VITHALRAO SHRI BABURAO ALIAS P B SAMANT Vs. UNION OF INDIA

Decided On November 13, 1980
WAMAN RAO Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) ):-

(2.) A ceiling on agricultural holdings was imposed in Maharashtra by the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 27 of 1961, which was brought into operation on January 26, 1962.

(3.) The judgment of this Court in the appeals aforesaid was delivered on January 27, 1977 while the proclamation of emergency was in operation. On the revocation of that proclamation, petitions were filed in this Court by the appellants praying for the review of the judgment in Dattatraya Govind on the ground that several contentions, which were otherwise open to them for assailing the constitutional validity of the impugned Acts, could not be made by reason of the emergency and that they should be permitted to make those contentions since the emergency was lifted. Fresh Writ Petitions were also filed in this Court in which those contentions were put forward. The Court having accepted the request for the review of the judgment in Dattatraya Govind, these matters have come before us for consideration of the other points involved in the appeals.