Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.5871-5872 OF 2010
(Arising out of S.L.P. (C) No.7553 of 2007)
Harendrakumar Natwarsinhji ...Appellant(s)
Versus
State of Gujarat ...Respondent(s)
O R D E R
Leave granted.
Heard learned counsel on both sides.
Apart from the constitutional validity, which
challenge is given up by the appellant herein, the only
question which requires to be decided on merits is,
whether Premkunvarba and Harendrakumar are entitled to the
shares claimed by them in the proceedings under the Gujarat
Agricultural Lands Ceiling Act, 1960, [for short, `the Act']?
Almost 16 to 17 years have gone in this litigation primarily
based on points relating to the constitutionality and the
scope of certain provisions of the Act. That challenge no
more survives. However, as stated above, on the question of
entitlement of the above two persons, the High Court has not
gone into the claims made by Premkunvarba and Harendrakumar
under the Act. On this limited ground, we remit the case to
the High Court for de novo consideration in Special Civil
Application No.4351 of 1990.
....2/-
- 2 -
We request the High Court to place these matters for
nd
directions on 2 August, 2010, and, on that date, the High
Court may give a fixed date of hearing, as early as possible.
It is made clear that, once the date is given, the matter
will proceed on day-to-day basis and no adjournment will be
granted under any circumstances, particularly when the
litigation has been fought for last 16 years.
The civil appeals stand disposed of accordingly.
No order as to costs.
....................CJI.
[S.H. KAPADIA]
......................J.
[K.S. RADHAKRISHNAN]
......................J.
[SWATANTER KUMAR]
New Delhi,
July 22, 2010.