STATE OF GUJARAT THAKARANI SHRI GUMANKUNVARBA KARANSINGJI Vs. GUJARAT REVENUE TRIBUNAL:THE STATE OF GUJARAT

JUDGEMENT

(1.) These three appeals by special leave arise out of a common judgment of the Gujarat High Court and in them are involved some common questions of law as to the interpretation of certain provisions of the Bombay Merged Territories andAreas (Jagirs Abolition) Act 1953-Bombay Actno. XXXIX of 1954-hereinafter referred to as the Act or the jagirs abolition Act. The three appeals have been heard together and are being disposed of by this judgment.

(2.) On coming into force of the Act on and from 1st August, 1954 the Jagirs of the jagirdars were abolished and certain properties comprised in the Jagirs vested in the state. The Jagirdars filed before the collector applications for award of compensation under the Act in respect of certain properties. The Jagir Abolition of ficer Authorised to act as the Collector under the Act awarded some compensation to the Jagirdars in respect of some items of the properties, refused in respect of some and made his award on the 30th July 1963. The Jagirdars (which expression would include their heirs also) filed an appeal under sec. 16 of the Act before the Gujarat Revenue Tribunal, Ahmedabad. The Tribunal modified the award of the Jagir Abolition of ficer in some respects and disposed of the appeal on the 2/3rd December 1964. Two Special Civil Applications under article 227 of the Constitution of India were filed in the High Court from the decision of the Revenue Tribunal - one by the Jagirdars and the other by the State of Gujarat. The High Court has disposed of the two applications by a common judgment dated the 27/28th August 1969, decided some points against the Jaghdars and some against the state and remanded the case to the Revenue Tribunal for a fresh decision in the light of the judgment. Feeling aggrieved by the decision of the High Court in the two special civil applications, the State of Gujarat has preferred Civil Appeals 1804 and 1805 of 1970 on grant of special leave by this Court. The Jagirdars also obtained special leave and filed Civil Appeal No. 1968 of 1970.

(3.) Under sec. 3 of the Act on and from the appointed date i.e. 1st August 1954 all Jagirs were deemed to have been abolished. Sec. 5 provided as to who were to be the occupants of certain types of lands in a proprietary Jagir village. Similarly sec. 6 referred to the persons who were to be the occupants in lifetime Jiwai Jagir. The rates of assessment were to be fixed under sec. 7. Sec. 8 provided for the vesting of the properties enumerated therein in the State Government and the extinguishment of the rights of the Jagirdars thereunder. Sec. 9 deals with right to trees and sec. 10 refers to mines or mineral products. Sec. 11 provides for compensation to Jagirdar and sec. 12 makes provision for compensation to lifetime Jiwai Jagirdars. The method of awarding compensation to Jagirdar is indicated in sec. 13 and the method of awarding compensation for abolition etc. of rights of other persons in the property is provided in sec. 14. Sec. 15 makes applicable provisions of the land acquisition Act, 1894 in the making of an award.