Bombay 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.

Mumbai: 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 can not 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 can not
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.

Bureau Report

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