The validity of the amended rule was challenged on the ground that it provides numberguidelines for determining N.A. assessment for various plots and that it suffers from the vice of excessive delegation of essential legislative functions and therefore any demand raised in exercise of the power companyferred by the amended Rule 71 would be arbitrary and therefore violative of Art.
It reads as under 81 1 Rate of Non Agricultural assessment The rate of Non Agricultural assessment leviable shall be as follows a in the case of land situated in any village the population of which does number exceed 5,000 the rate of Non Agricultural assessment leviable shall be number less than the agricultural assessment leviable on such land and number more than Rs.
Naunit Lal, Kailash Vasdev and Krishna Kumar for Respondents in CA.
C.A. Nos, 1407 to 1413/70 Respondents who were petitioners in the High Court questioned the validity of Rule 81 of the Bombay Land Revenue Rules as amended on March 27, 1958.
1934/64, 672 of 1963, 1165 1168, 1198 1199 2619 of 1963 respectively.
b in the case of land situated in any village or town other than a town companying under Clause c of this rule, the population of which exceeds 5,000 the rate of Non Agricultural assessment leviable shall be number less than Rs.
1407 1412/73.
Kerala v. Haji K. Haji K. Kutty Naha Ors.
40 per acre and number more than Rs.
c in the case of land situated within an area companyprising the Municipality limits of the town of Raichur, Gulbarga and Bidar the rate of special assessment leviable shall be number less than Rs.
c in the case of land situated in any City or Town referred to in the Table to Rule 100, the rate of Non Agricultural assessment leviable shall be number less than Rs.
14 of the Constitution.
1222 1413/70.
150 per acre and number more than Rs.
1221 of 1970.
Veerappa and Ashok Kumar Sharma for the appellants in all appeals.
In Re.
The Judgment of the Court was delivered by DESAI, J. Civil Appeals Nos.
40 per acre.
80 per acre.
S. Javali and B.P. Singh for the Respondent in CA.
Civil Appeals Nos.
1221 1222 1407 1413 of 1970 From the Judgment and Order dated the 30th September, 1965 of the Mysore High Court in Writ Petitions No.
It reads as under 71 1 Mode of assessment in the event of diversion of agricultural lands to number agricultural purposes, the special assessment shall be levied as follows a in the case of land situated in any village the population of which does number exceed 5,000 the rate of special assessment leviable shall be number less than the agricultural assessment leviable on such land and numbere more Rs.
40 per acre and number more than Rs.
40 per acre.
1221 1222/70 arise from a decision of the Division Bench of the then High Court of Mysore at Bangalore in Writ Petition Nos.
b in the case of land situated in any village or town other then a town companying under Sub Rule c of this Rule, the population of which exceeds 5,000 the rate of special assessment leviable shall be number less than Rs.
1221 1222/70 Respondents questioned the validity of the amended Rule 71 of the Hyderabad Land Revenue Rules which came into force from July 4, 1958.
80 per acre.
N. Phadke, Vinod Bobde, D.N. Misra and Mrs. A.K. Verma with him for the Respondents in CA.
107 G H, 108 A CIVIL APPELLATE.
14 of the Constitution and hence void.
150 per acre and number more than Rs.
JURISDICTION Civil Appeals Nos.
672/63 and 193/64 by which the High Court quashed the demand of Non Agricultural assessment N. A. assessment for short made by the respondents on the ground that Rule 71 as amended on July 4, 1958 of the Hyderabad Land Revenue Rules which appeared to have been repealed and re enacted as the Andhra Pradesh Telengana Area Land Revenue Rules, 1951 was unconstitutional being violative of Art.
250 per acre.
