COLLECTOR OF SOUTH SATARA Vs. LAXMAN MAHADEV DESHPANDE

JUDGEMENT

(1.) With special leave, the Collector of South Satara has appealed against the order of the High Court of Judicature at Bombay directing him to assess compensation payable directing him to assess compensation payable to the respondent under S. 9(1) of the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950.

(2.) Laxman Madhdev Deshpande-here-inafter called 'the respondent'-was the holder of Paragana Watan land bearing Survey Nos. 503/2 and 504/1 in Mouza Aitwade, Talulq Value, District South Satara. Performance of service in respect of the Watan had been commuted under an arrangement made in or about 1864 under a commutation settlement popularly known as "Gordon Settlement" whereby the holder was, on agreeing to pay a fixed sum, relieved of the obligation to perform service as a Village Officer.

(3.) The Legislature of the State of Bombay enacted an Act called the Bombay Paragana and Kulkarni Watans (Abolition) Act LX of 1950, which abolished all Paragana and Kulkarni Watans. The respondent applied to the Collector of South Satara for an order under S. 9 of the Act awarding Rs. 10,479-2-8 as compensation for extinction of his right in the watan land, and of his 'right to enjoy part of the land revenue". By his order dated April 29, 1957 the Collector rejected the application, and the order of the Collector was affirmed by the Bombay Revenue Tribunal in appeal under S. 9(4) of the Act. But in a petition under Art. 227 of the Constitution the High Court of Bombay set aside the order of the Collector and directed that Officer to assess and pay compensation to the respondent under S. 9(1) of the Abolition Act.