HAR NARAINI DEVI & ANR versus UNION OF INDIA & ORS.

HAR NARAINI DEVI & ANR versus UNION OF INDIA & ORS.

The Delhi Land Reforms Act, 1954 (a State law referable to Entry 18, List II) governs succession to the agricultural property in question; Article 254 repugnancy does not arise because the 1954 Act is not referable to the Concurrent List; Section 4(2) of the Hindu Succession Act, 1956 remained in force until its deletion effective 09.09.2005 and, by Sections 6(b) and 6(c) of the General Clauses Act and the presumption against retrospective operation of amendments, the deletion cannot affect successions which opened before that date; therefore Section 50(a) of the 1954 Act is valid as applied to the facts and the appeal is dismissed.

Parties
Appellant: HAR NARAINI DEVI & ANR; Respondent: UNION OF INDIA & ORS.; Respondent: Jaidev (respondent No.3); Respondent: Amit (respondent No.4)
Jurisdiction
India
Judgment Date
20 September 2022
Procedural Posture
Civil Appeal (civil Appeal No. 22957 of 2017) / On Appeal From Division Bench of Delhi High Court Dismissing Writ Petition (civil) No. 2887 of 2008
Outcome
Appeal dismissed
Legal Topics
Repugnancy Under Article 254, Delhi Land Reforms Act 1954 S.50(a), Hindu Succession Act 1956 S.4(2) and Hindu Succession (amendment) Act 2005, General Clauses Act Ss.6(b), 6(c), Ninth Schedule / Article 31 B
Constitutional Law Property Law Succession Law Land Reform Statutory Interpretation Repugnancy Under Article 254 Delhi Land Reforms Act 1954 S.50(a) Hindu Succession Act 1956 S.4(2) and Hindu Succession (amendment) Act 2005 +2 more

Case Brief

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Parties

HAR NARAINI DEVI & ANR

Appellant

UNION OF INDIA & ORS.

Respondent

Jaidev (respondent No.3)

Respondent

Amit (respondent No.4)

Respondent

Procedural Posture

Civil Appeal (civil Appeal No. 22957 of 2017) / On Appeal From Division Bench of Delhi High Court Dismissing Writ Petition (civil) No. 2887 of 2008

Legal Issues

  1. 1 Whether Section 50(a) of the Delhi Land Reforms Act, 1954 is unconstitutional under Articles 14, 15, 21 and 254 of the Constitution
  2. 2 Whether the Hindu Succession Act, 1956 (and deletion of s.4(2) by the 2005 Amendment) prevails over the Delhi Land Reforms Act, 1954 by reason of repugnancy under Article 254
  3. 3 Whether deletion of Section 4(2) of the 1956 Act has retrospective effect on successions which opened prior to 09.09.2005

Ratio Decidendi

The Delhi Land Reforms Act, 1954 (a State law referable to Entry 18, List II) governs succession to the agricultural property in question; Article 254 repugnancy does not arise because the 1954 Act is not referable to the Concurrent List; Section 4(2) of the Hindu Succession Act, 1956 remained in force until its deletion effective 09.09.2005 and, by Sections 6(b) and 6(c) of the General Clauses Act and the presumption against retrospective operation of amendments, the deletion cannot affect successions which opened before that date; therefore Section 50(a) of the 1954 Act is valid as applied to the facts and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs