LAW FOR ALL

the Hindu Succession (Amendment) Act, 2005. - Section 50 of the Delhi Land Reforms Act, 1954 = for quashing / setting aside Section 50 of the Delhi Land Reforms Act, 1954 (hereinafter referred to as „the DLR Act‟) as being violative of Articles 14, 16 and 19 of the Constitution of India, and also being impliedly repealed by the Hindu Succession (Amendment) Act, 2005. The HSA and the Amendment Act of 2005 have been enacted by Parliament and there is no challenge to Parliament‟s competency. We have already indicated as to how the effect of omission of sub-section (2) of Section 4 of the HSA is to abrogate the provisions of the DLR Act to the extent of inconsistency with the provisions of the HSA. Clearly, the immunity under Article 31B is not a blanket immunity and is subject to the power of any competent legislature to repeal or amend the protected Act. This is exactly what Parliament has done. Thus, the argument raised on behalf of the Respondent Nos. 3 to 5 is clearly untenable. 35. For the aforesaid reasons, we hold that the provisions of the HSA would, after the amendment of 2005, have over-riding effect over the provisions of Section 50 of the DLR Act and the latter provisions would have to yield to the provisions of the HSA, in case of any inconsistency. The rule of succession provided in the HSA would apply as opposed to the rule prescribed under the DLR Act. The petitioners are, therefore, entitled to succeed to the disputed agricultural land in terms of the HSA. The respondent Nos. 1 & 2 are directed to mutate the disputed agricultural land, to the extent of Late Shri Inder Singh‟s share, in favour of the petitioners and respondent Nos. 3, 4 and 5 as per the HSA. 36. The writ petition is allowed to the aforesaid extent. The parties are left to bear their respective costs.