STATE OF GUJARAT & ANOTHER versus MANOHARSINHJI PRADYUMANSINHJI JADEJA

Citation: [2012] 11 S.C.R. 507 · Decided: 04-12-2012 · Supreme Court of India · Bench: B.S. CHAUHAN · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

(2012] 11 S.C.R. 507 
STATE OF GUJARAT & ANOTHER 
v. 
MANOHARSINHJI PRADYUMANSINHJI JADEJA 
(Civil Appeal No. 612 of 2002) 
DECEMBER 4, 2012 
[DR. B.S. CHAUHAN AND FAKKIR MOHAMED 
IBRAHIM KALIFULLA, JJ.] 
Gujarat Agricultural Lands Ceiling Act, 1960: 
ss.2(1), 2(3), 2(11), 2(12) and 2(17) read with s.2(6) of 
Gujarat Act 25of1951, s.2(11) of Gujarat Act 26of1951 and 
s.2(a) of Gujarat Act 3 of 1952- 'Bid land' - Nature of- Held: 
A 
B 
c 
From the definition of 'agriculture' u/s 2(1 ), the definition of 
'agriculturist' u/s. 2(3) along with the expression 'a person who 
0 
cultivates land personally' u/s 2(12) and the definition of 'land' 
uls. 2(17) of the unamended Act of 1960, it is evident that the 
legislature intended and did include 'lands' held by 
'agriculturist' where grass is raised or used for grazing 
purposes as part of agricultural land which was in possession 
E 
of agriculturist - Such lands where grass is grown or used for 
grazing purpose are always known as 'bid land' and would be 
subject to the restrictions imposed for the purpose of 
ascertaining the ceiling limit, unaffected by the coming into 
force of the 1976 Act as well as the Amendment Act of 1974 
and, therefore, determination of holding of such excess 
F 
agricultural land under the Act of 1960 prior to the coming into 
force of the Act, 1976 should be operated upon - Saurashtra 
Land Reforms Act, 1951 (Act 25 of 1951), Saurashtra 
Barkhali Abolition Act, 1951 (Act 26 of 1951) - Saurashtra 
Estates Acquisition Act, 1952(Act 3 of 1952) - Gujarat G 
Agricultural Lands Ceiling (Amendment Act}, 1972 (Act 2 of 
1974) - Urban Land (Ceiling and Regulation) Act, 1976. 
Urban Land (Ceiling and Regulation) Act, 1976: 
507 
H 
508 
SUPREME COURT REPORTS 
(2012] 11 S.C.R. 
A 
s.2(o) - "Urband land" - Held: Would mean any land 
situated within the urban agglomeration referred to as such 
in the Master Plan and would exclude any such land which is 
mainly used for the purpose of 'agriculture' - The situation has 
now come where the position has to be made loud and clear 
B to state that the 1976 Act would govern only such of those 
lands which would fall within its area of operation within urban 
agglomeration to the specific exclusion of the agricultural 
lands and consequently the continued application of the un-
amended Act of 1960 would remain without any restriction. 
c 
In the proceedings under the provisions of the 
Gujarat Agricultural Lands Ceiling Act, 1960, (the 1960 
Act), 587 acres, 35 gunthas of lands belonging to the 
respondent were declared as surplus. Ultimately, his writ 
petition was allowed by the single Judge of the High 
D Court holding that his lands were covered by the Urban 
Land (Ceiling and Regulation) Act, 1976 (the 1976 Act) 
and not by the 1960 Act. The Letters Patent Appeal filed 
by the State Government was dismissed by the Division 
Bench of the High Court. 
E 
In the instant appeal filed by the State Government, 
the case of the appellants-authorities was that the 
respondent's lands being 'bid lands' were agricultural 
lands and thereby governed by the provisions of Act of 
F 1960. The stand of the respondent was that the lands 
were never classified as "agricultural lands"; that they 
were indisputably "urban lands" governed by the 
provisions of the 1976 Act and, consequently, the 
application of the Act of 1960 stood excluded. 
G 
The questions for consideration before the Court 
were: 
(i) Whether 'Bid land' would fall within the definition 
, 'land' read along with the definition of 'agriculture' as 
H 
·defined u/ss 2(17) and 2(1) of the Act of 1960?; 
STATE OF GUJARAT v. MANOHARSINHJI PRADYUMANSINHJI. 509 
JADEJA 
(ii) In order to ascertain the nature of description of A 
'bid land' can the definition of the said expression 
under the earlier statutes viz. Act No.XXV of 1951, Act 
No.XXVI of 1951 and Act No.Ill of 1952 can be 
imported? 
B 
(iii) What is the implication of the Urban Land Ceiling 
Act, 1976 vis-a-vis the Act of 1960 in respect of 'bid 
land'?· ' 
(iv) Whether the Amendment Act of 1974 which came 
into effect from 01.04.1976 and the definition of 'Bid 
C 
land' under the said Amendment Act of 1974 can be 
applied for the purpose of deciding the issue 
involved in this litigation?; 
(v) Whether the ratio decidendi of this Court in o 
Nagbhai Najbhai Khackar can be applied to the facts 
of this case?; 
(vi) Whether the orders of the authorities under the 
Act of 1960 impugned before the High Cou

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