the high companyrt held that the maharashtra agricultural lands ceilings on holdings act 1961 is a valid piece of legislation and within the companypetence of the state legislature to enact except that the provisions of s. 28 thereof offend art.
various persons had earlier filed similar petitions in the high companyrt challenging the validity of the impugned act.
appeal from the judgment and order dated march 9 10 1965 of the bombay high companyrt in special civil application number 1642 of 1963.
970 884 692 963 959 and 1124 to 1130 of 1963 and civil appeal number 694 of 1967.
s. nariman bhuvanesh kumari o. c. mathur ravinder narain d. m. popat s. i. thakore and b. parthasarathy for the appellants in c.a.
number 694 of 1967 .
appeals from the judgment and order dated october 25 1963 of the bombay high companyrt in special civil applications number.
k. daphtary attorney general and s. p. nayar for res pondents number.
number.
the effect of our decision however would number be to entitle the petitioners to get any declaration that their lands which are held by an industrial undertaking are exempt from the operation of the act number that the orders passed by the first respondent on the 28th of february 1963 are null and void and have numberlegal effect.
226 and 227 of the constitution special civil application number 1642 of 1963 in the high companyrt of judicature at bombay challenging the validity of the maharashtra state agricultural lands ceiling on holdings act 1961 maharashtra act xxvii of 1961 as amended by maharashtra act xiii of 1962 hereinafter referred to as the impugned act.
k. daphtary attorney general m. s. k. sastri and s. nayar for the appellant in c.a.
the appellants having obtained certificate of fitness under art.
v. s. mani for intervener number 1 in c.a.
132 1 of the companystitution filed appeals number.
civil appellate jurisdiction civil appeals number.
item 34 in the schedule as amended reads maharashtra agricultural lands ceilings on holdings act 1961 maharashtra act xxvii of 1961 .
number 2239 of 1966 .
2239 to 2250 of 1966.
ca 2239 2250 of 1966 against the above mentioned judgment.
number 694 of 1967 .
after this judgment the companystitution was amended by the constitution seventeenth amendment act 1964 hereinafter referred to as the seventeenth amendment which came into force on june 20 1964.
the petition of the appellant in civil appeal number 694 of 1967 special civil application number 1642 of 1963 was dismissed by the high companyrt by its judgment dated march 10 1965.
2239 2250 of 1966.
p. singh for intervener number 2 in c.a.
the first appellant is a public limited companypany and owns two factories for the manufacture of sugar and allied products situate at taluka kopergaon in ahmednagar district of the state of maharashtra.
s. nariman d. s. nargolkar and k. r. chaudhuri for the respondents in c.a.
k. mehta for the intervener in c.a.
in september 1963 the appellants in civil appeal number 694 of 1967 filed a petition under arts.
the first appellant also held large areas of land in several villages in taluka kopergaon for the purpose of cultivation of sugarcane for its factories.
the high companyrt by its judgment dated october 25 1963 disposed of them.
number 2239 of 1966 .
14 of the companystitution and are void.
1 to 3 in c.a.
in the proceedings under the impugned act large areas held by the first appellant were declared surplus.
number 2239 of 1966 .
number 694 of 1967 .
the state having obtained certificates of fitness under art.
2239 to 2250 of 1966 .
the judgment of the companyrt was delivered by sikri j. this judgment will dispose of civil appeal number 694 of 1967 and civil appeals number.
