TMI Blog1953 (10) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... d the case on behalf of the landlords based his attack on several grounds but before stating these grounds or discussing them it is necessary to set out briefly the aims and objects of the Act and the manner in which the Legislature has sought to achieve them. 3. The Act is called the Punjab Security of Land Tenures Act and the preamble states that, the Act is intended to provide for the security of land tenure and other incidental matters. The-main provisions of the Act are that landlords cannot in effect eject their tenants except for reasons mentioned in Section 9 which are : (a) failure to pay rent regularly without sufficient cause ; (b) the rent being in arrears at the commencement of the Act; (c) failure on the part o[ the tenant to cultivate the land tc the extent customary in the locality; (d) user of tenancy in a manner which renders-the land unlit for the purpose for which, he holds it; (e) subletting on the part of the tenant; (f) refusal on the part of the tenant to execute a 'qabuliyat' or a 'patta'; (g) if the landlord is what is described as a small land-owner. The maximum holding is limited to 30 standard acres except in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the supply of canal or well water is wholly unlawful; (8) The Act goes against the directive principles contained in Article 48 of the Constitution because agriculture on modern and scientific lines is impossible if the land is fragmented into small holdings; (9) The Act is not within the legislative competence of the State as it is not covered by any of the Items in either List II or List III of Schedule 7 to the Constitution; (10) The Act is not saved by the provisions of Article 31A of the Constitution which is only intended to provide for the acquisition, extinguishment or modification of rights in estates. Estate in this context has the meaning given to it in Section 3 of the Punjab-Land Revenue Act. 5. These objections are met by the learned. Advocate-General with the argument that the Act is intended to carry out the directive principles-contained in Article 39 of the Constitution. It imposes only reasonable restrictions upon the right to hold and enjoy property and it contains an ample provision for the payment of compensation to the landlord whenever he is deprived of a portion of his property. 6. I shall now proceed with the various objections raised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, the purpose behind the Act is to bring about a reform in the land distribution system of Bihar for the general benefit of the community as advised. The Legislature is the best judge of what is good for the community, by whose suffrage it comes into existence and it is not possible for this Court to say that there was no public purpose behind the acquisition contemplated by the impugned statute. The purpose of the statute certainly is in accordance with the letter and spirit of the Constitution of India. Their Lordships were in that case considering the validity of the Bilmr Land Reforms Act. The Punjab Act is a much milder enactment inasmuch as it does not seek to acquire the land of the big holders. It is only intended to limit large holdings and makes ample provision for compensation to the landlords. The landlords can sell the excess holding to anyone they like and the tenants are given the right to pre-empt. The tenants' right to purchase under Section 18 is subject to the payment of a fair price. Therefore it is clear that the restriction imposed by this Act upon the right given to the individual under Article 19(f) of the Constitution is a reasonable restriction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against the spirit of the Constitution and natural justice. 'Counsel relied upon certain observations contained in a decision of the Calcutta High Court in -- 'Subodh Oopal v. Behari Lal', AIR 1951 Cal 85 (B). In that case Section 7, Bengal Land Revenue Sales (West Bengal Amendment) Act was declared invalid on the ground that it purported to deprive individuals of right which they had acquired retrospectively. There can, however, be no doubt that the Legislature can pass laws with retrospective effect. This power was recognised in a decision of the Federal Court -- 'United Provinces v. Mt. Atiqa Begum', AIR 1941 FC 16 (C). So long as the retrospective effect of the Act is in conformity with the objects of the Act and does not violate any principles of the Constitution the provision must be held to be valid. The Act gives certain rights to those tenants who were ejected after 15-8-1947 and there seems to be nothing unreasonable in giving them the same rights as are acquired by persons who are tenants at the commencement of the Act. In the same way the abrogation of mala fide transactions is brought under the mischief of the Act by Section 16. This section i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd was for that reason invalid. There were therefore two distinguishing features at least between that Act and the Punjab Act. In the first place, under the Ajmer Act there was an arbitrary determination by an executive officer of when a landlord habitually infringes the rights of a tenant, No machinery was provided in the Act for an objective determination of the landlord's position. In the second place, under the Act there was a complete suspension of the landlord's rights for an indefinite period. In the Act under consideration the rights of the landlord are not suspended, nor is there any penalty imposed upon him, as a result of a subjective or arbitrary determination. Under Section 11 of the Act the landlord has to be tried by a Court of law and he can be punished if he does not supply to his tenant water in the same quantity as was enjoyed by him before the commencement of the Act. The fact is to be determined by a criminal Court not below the rank of a second class Magistrate and therefore the Supreme Court ruling has no application to the facts of the present case. 12a. With regard to the directive principles contained in Article 48 of the Constitution the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar and the Bombay Act 67 of 1948 is mentioned in the 9th Schedule of the Constitution and this Act has been declared to be valid by the provisions of Article 31B. Articles 31A and 31B were enacted at the same time. Article 31B mentions certain specific instances of Acts which are saved by the provisions of Article 31A. The Bombay Act 67 of 1948 is one of the items which is saved by Article 31B, and it is clear therefore that in enacting Article 31A the Constituent Assembly intended to deal not only with whole estates but also with parts of estates. The object appears to have been to bring all agricultural land as distinct from urban property within the ambit of the Article. There is therefore no force in the argument that the Punjab Act is invalid because it deals not with whole villages but with portions of estates held by the land-owners. 15. I would therefore hold that this Act is saved by the provisions of Article 31A of the Constitution inasmuch as it is intended to modify rights in estates; the Act is not against the provisions of Article 19(f) because it imposes nothing more than reasonable restrictions upon the rights of individuals and these restrictions are in the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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