Natwarsinghji Vs. State of Gujarat & Ors.  INSC 539 (22 July 2010)
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.
learned counsel on both sides.
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.
request the High Court to place these matters for directions on 2nd August,
2010, and, on that date, the High Court may give a fixed date of hearing, as
early as possible.
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.
appeals stand disposed of accordingly.
as to costs.
....................CJI. [S.H. KAPADIA]
......................J. [K.S. RADHAKRISHNAN]
......................J. [SWATANTER KUMAR]
Delhi, July 22, 2010.