Five-judge HC bench upholds 1980 order on Land Ceiling Act
A five-judge bench of the Bombay High Court on Friday upheld the 1980 ruling by a three-judge bench on holding of land in Maharashtra under the ceiling Act.india Updated: Oct 16, 2009 21:02 IST
A five-judge bench of the Bombay High Court on Friday upheld the 1980 ruling by a three-judge bench on holding of land in Maharashtra under the ceiling Act.
The ruling means that while deciding whether a person is holding land above the ceiling, his lands outside Maharashtra cannot be taken into consideration, said Government Pleader Geeta Mulekar.
A provision in Maharashtra Agricultural Lands (Ceiling on Holdings) Act says said that even lands outside the state could be taken into consideration while deciding whether a person held real estate in excess.
But a three-member bench of High Court, in 1980, held that this provision was unconstitutional, as the state cannot enact any law that affects lands outside Maharashtra.
In a recent case before a single judge of High Court, it was pointed out that Supreme Court, in 1994, held similar provision in Gujarat Act as valid, so High Court must review its own 1980 judgement.
But High Court's five-judge bench today said even as per the apex court, Gujarat and Maharashtra Acts were different.