1971 (5) TMI 67 - SC - Indian Laws

Supreme Court Clarifies Farming Exemption: Specific Activities Required

Inayat Ali Khan And Ors. Versus State Of U.P.

The Supreme Court dismissed Civil Appeal No. 2018 of 1968, affirming the High Court's interpretation that Section 6(xvii) of the U.P. Imposition of ... - Issues: Interpretation of Section 6(xvii) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960Analysis:1. The appeals challenged the interpretation of Section 6(xvii) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The provision exempted certain lands from the imposition of ceiling if they were used for specialized farming purposes. The vires of this provision were questioned in a Writ Petition, which was heard alongside the civil appeals.2. The case involved a tenure-holder, Inayat Ali Khan, who objected to the imposition of ceiling on his land used for specialized farming, specifically for horse-breeding. He relied on Section 6(xvii) of the Act, which exempted land used for purposes such as poultry farming, dairying, or other prescribed purposes. A rule was framed specifying the types of specialized farms eligible for exemption.3. The Prescribed Authority and the Additional District Judge held that the exemption claimed by Inayat Ali Khan was not sustainable. They interpreted the provision to require exclusive dedication to growing specific crops or for specific purposes as mentioned in Clause (xvii) and the corresponding rule. The lower courts emphasized that the land should be used for specialized farming purposes as defined in the Act.4. In the revision before the High Court, it was upheld that the lower courts correctly interpreted the section. The High Court judge affirmed that the word 'and' in Clause (xvii) necessitated exclusive dedication to specialized farming activities as specified in the provision and the rule.5. The appellant contended that the word 'and' in Section 6(xvii) should be read as 'or' to allow exemption for all specialized farms used for non-agricultural purposes. However, the Supreme Court disagreed, noting that the provision specifically mentioned poultry farming and dairying as eligible specialized farms, leaving other types to be prescribed by rules under the Act.6. The Supreme Court dismissed Civil Appeal No. 2018 of 1968 and stated that the interpretation of the High Court was correct. The judgment applied to the other two appeals with similar facts. The Court ruled that farms used for horse-breeding, not explicitly included in the prescribed specialized farms, did not qualify for exemption under Section 6(xvii) of the Act.