LexTHAKOREBHAI KEVELBHAI PATEL versus THE STATE OF GUJARAT
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THAKOREBHAI KEVELBHAI PATEL
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THE STATE OF GUJARAT
November 7, 1974
[A. N. RAY, C.J., K. K. MATHEW AND N. L. UNTWALIA, JJ.J
Guja~at _Yaca~t Lands_ in ljrban Are'! (Prohibition of Alienation) Act, t9n
-Collslllutrona/rty--lf v,o/attVe of amcle 14, Cons[itution of India.
TJ:e Gujarat Vacant. ~nds in Urban Area (P_rohibition of Alienation) A~t,
1972 1s enacted to proh1b1t th~ alienatiOn of certam vacant lands in urban areas
in th_e State. ~f Gu1arat. Secuon. 2 of the Act embodies a declaration that the
Act .1s fo~ giVIng clfect to the poltcy of ~he State towards securing the principl~
spcc1~~d m clauses .<b) and ( c} of art1cle 39 of the Constitution. Section 4
proh1b1ts the ahenallon of vacant
land after the appointed day. It however.
exempts one plot of vacant land owned by a person not exceeding 1000 sq metres ·
and not forming part of a compact blO<:k..
The transfers in fll.vour of the State
Government, Central Government, local authority, Government company statu-
tory corporations and cooperative house building societies are also exempt~. The
State Government hns been empowered by general or special order to exempt
any area or any nlienation from all or any of the provisions of the Act. This
is subject to the rules made by the State GowrnmenL Every order made: by the
State Government and the Collector exempting any area or alienation from any
of tho provisions of the Act is required to b.: laid before the State legislature.
Tile Learned Counsel for the petitioner conceded that in view of the proclamation
of emergency fundamental right guarant~d under Article 19 is under suspension.
It wa., contcnd.:d that the Act off ended Article 14 and that the Act was not direct-
ly relatable to the object of Article 39 (b) aod (c) and, thetefore, Article 31C
could not protect it.
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HELD: (i) It is not nCI."'!Ssary to take recourse ~o ~rticle 31C for u~hold
lng constitutional validity of the Act as it docs no.t mfrmge equal protection of
law guamntced under Artidc 14 of the ConstitUtiOn.
Urban ar~a means nny
area which u comprised in the city or a municipal. Dorough.
Surroun~mg area
not exceeding 16 krru. ba.~ to be fixed by a noulicat1on of ~he ~~ate _Go,emment.
By notification., limit of 16 kms. has been fi:ted in case of bl.g·Cih:s hke Ahmeda..
bad, llaroda etc. but l~'l'>er limits of distance have been pohfied m c~e of small
municipal boroughs.
When the limit of the distance· outstde t~e. c1ty or t<?W?J
area di tfcred from place to place it was not nece"Sary to fi:t the hmtt of pcrmtss!- :
blc area of trunsfcr with reference to the va_lu~ of ~he_ land. It was net~':; l~~=
· ~h: nor expedient to do !O. From the pcrm1ssable ltmt_t of tran,fer the a. .
o-
F
lOg p:art of the compact block h~d to be e:\dud~d ns tt would have fled ·lo 010\_
P<>li<ntion and mon~uvrings by persons belonging to the same
amt Y um
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[66HF; 6720]
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·r. .
d th
is a clear nexus between the
G
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There is rea.~onable cl:ts~I.ICn~on an
ere
.
· h
ut unequals as
ObJect or the Act nnd the classlhCallon. The Act h.ts _nell fr J: Act being to
equal~ nor ha. it discrimin:l!c:tl b.:twe.:n Nuals. The hbJe~t -~· iands from its
Preven.t aJi.,nation oC \'ncnnt lnmls it ri;:~tlv excl_udes 1t ed. ~~-b~7! 0'wner.;hip and
orcrnl!on. Since the object of the Acl IS to ultamatc Y 15 n d transfer in favour
Control of the material r~~ource, to sut>~erve the common Jl00 d Statutory Cor-
of G?vcrnm.:nt, Local Authorities, qovernmcnt Cotpafl~s!Building Societie-•
pornll?ns has b«n ucludcd. Formatton ~f Coopera IVC
The power of the State
0
obv10u~ly a step (or [ullllment of the obJeCt of .the ~ct. nll or any of the rro-
_o_vernment to uemnt any area or any alienall!l0d {
0~h·e reasons to be record-
"1~100~ of the Act i, n power which i! to be exerct•e
or 'd ·line is to be found irt
t1'1 end in furthcr~nce of the object of the Act.
Th~S\
11 d• by the Collector is
t te ohjcct of the Act. The order of exemption to. ara'IClentific, lndu•trial or
onty where the l:tnd i~ to he u<ed for any educ~u~r~ 'cone--tor i~ (urther con-
~omm~rcia! purpose". The exercise of the power Y ~ 1 Tho ord~r• nr~ to be
rpllcd by orovi,lin~ un apoeal to the State _Governmcn ~Jl~rvisory of the orders
~tee<.! before the State ughlature which Will net ~h 11 Collcctllr. [672D-Hl
tllemption made by the State Government or
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