RAMESHWAR PROSHAD KHANDELWAL BABU RAM MEHER CHAND Vs. COMMISSIONERS LAND REFORMS AND JAGIRS MADHYA BHARAT NOW MADHYA PRADESH

JUDGEMENT

(1.) These are twenty-four petitions under Art. 32 of the Constitution. We propose to deal with them by one judgment, as the main point involved in them is common.

(2.) The petitions fall into three groups. The first group consists of ten petitions relating to Sirsi jagir (hereinafter called the Sirsi petitions). The second group comprises nine petitions relating to Pohri jagir (hereinafter called the Pohri petitions). The third group consists of five petitions relating to Palpurjagir ( hereinafter called the Palpur petitions). There are some differences in detail between the three groups, and we shall give the facts of each group separately, after setting out certain preliminary matters common to all the petitions.

(3.) Abolition of jagirs was under contemplation in the former State of Madhya Bharat (now included in Madhya Pradesh). In order, therefore, to preserve the forest resources of jagirs to be abolished, the State of Madhya Bharat passed an Act called the "Jagir Forests (Prevention of, Indiscriminate Cutting Act. No. 55 of 1950," (hereinafter called the Cutting Act), which came into force on July 3,1950. Section 3 of the Act provides restrictions on the power of a jagirdar to deal with the forests in his jagir, and the relevant portion of that section is in these terms:-