KUNJ BEHARI LAL BUTAIL AND ORS. versus STATE OF HIMACHAL PRADESH AND ORS.

KUNJ BEHARI LAL BUTAIL AND ORS. versus STATE OF HIMACHAL PRADESH AND ORS.

A proviso in delegated legislation under Section 26 imposing a complete prohibition on transfer of land already excluded by the parent Act (land subservient to tea estates under Section 5(g)) is ultra vires; the rule-making power does not extend to creating restrictions not contemplated in the Act, and such rules must advance the purposes of the statute.

Parties
Appellants: Kunj Behari Lal Butail and Others; Respondents: State of Himachal Pradesh and Others
Jurisdiction
India
Judgment Date
18 February 2000
Procedural Posture
Civil Appeal / Appeal From Himachal Pradesh High Court Judgment
Outcome
Appeal allowed
Legal Topics
Delegated Legislation, Ultra Vires, Land Ceiling, Rule Making Power, Tea Estates Exemption
Administrative Law Constitutional Law Property Law Delegated Legislation Ultra Vires Land Ceiling Rule Making Power Tea Estates Exemption

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Parties

Kunj Behari Lal Butail and Others

Appellants

State of Himachal Pradesh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Himachal Pradesh High Court Judgment

Legal Issues

  1. 1 Whether the proviso to Rule 3(1) of Himachal Pradesh Ceiling on Land Holdings Rules, 1973 is ultra vires the parent Act
  2. 2 Whether delegated legislation can prohibit transfer of land already exempted by the Act

Ratio Decidendi

A proviso in delegated legislation under Section 26 imposing a complete prohibition on transfer of land already excluded by the parent Act (land subservient to tea estates under Section 5(g)) is ultra vires; the rule-making power does not extend to creating restrictions not contemplated in the Act, and such rules must advance the purposes of the statute.

Court Disposition

Appeal allowed

Orders

  • Judgment of Himachal Pradesh High Court set aside.
  • Proviso to Rule 3(1) of Himachal Pradesh Ceiling on Land Holdings Rules, 1973 (inserted by notification dated 4.4.1986, published 26.4.86) and Registrar’s circular dated 21.8.1990 declared invalid and struck down as ultra vires the Himachal Pradesh Ceiling on Land Holdings Act, 1972.