Trace Your Case

ISSUE:

Whether the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, applies to lands owned by the Union of India or the State Government?

Whether a tenant of government-owned land can claim proprietary rights under Section 11 of the Act?

Whether the absence of explicit exemption in the Act implies that it binds the Union and State?

RULE:

The Act’s aim is to abolish large estates and vest rights in tenants.

Laws are presumed to apply to both citizens and the State unless explicitly exempted.

Section 11 allows tenants to acquire proprietary rights by paying compensation.

Sections 15 and 27 outline other provisions for ownership transfer.

Equal application of the law aligns with constitutional values of non-discrimination

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