GOPAL SINGH versus STATE OF U.P. & ORS.

GOPAL SINGH versus STATE OF U.P. & ORS.

Land transferred to major unmarried invalid daughter after 24.1.1971 cannot be excluded from the ceiling computation as she is not a family member for purposes of Section 3(7), and the constitutionality of Section 5(6) is protected by Article 31-B. The Act does not amount to unconstitutional discrimination under Article 14.

Parties
Appellant: Gopal Singh; Respondents: State of Uttar Pradesh & Ors.
Jurisdiction
India
Judgment Date
15 April 1988
Procedural Posture
Civil Appeal / Supreme Court Appeal From Dismissal of Writ Petition by Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Ceiling on Land Holdings, Transfer of Land After Cut Off Date, Definition of Family, Discrimination, Constitutional Validity
Land Law Constitutional Law Ceiling on Land Holdings Transfer of Land After Cut Off Date Definition of Family Discrimination Constitutional Validity

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Parties

Gopal Singh

Appellant

State of Uttar Pradesh & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Dismissal of Writ Petition by Allahabad High Court

Legal Issues

  1. 1 Whether extent of land transferred by gift deed to major unmarried invalid daughter should be reckoned in computing total extent of land holding under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960
  2. 2 Whether Section 5(6) of the Act is ultra vires Article 31-A of the Constitution
  3. 3 Whether the Act discriminates between major unmarried daughter and minor unmarried daughter in definition of family

Ratio Decidendi

Land transferred to major unmarried invalid daughter after 24.1.1971 cannot be excluded from the ceiling computation as she is not a family member for purposes of Section 3(7), and the constitutionality of Section 5(6) is protected by Article 31-B. The Act does not amount to unconstitutional discrimination under Article 14.

Court Disposition

Appeal dismissed

Orders

  • Parties to pay and bear their respective costs