B SHANKAR RAO BADAMI Vs. STATE OF MYSORE

JUDGEMENT

(1.) In these writ petitions under Art. 32 of the Constitution a common question of law arises for determination, viz, whether the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (Mysore Act 1 of 1955) is constitutionally valid.

(2.) The villages of Debur and Kappasoge in Mysore District were Inam grants made to Bakshi Bhima Rao, the ancestor of the petitioners. The inam grants were made by the Ruler of Mysore State in recognition of the military services of Bakshi Bhima Rao. The inam included not only the income from the lands but from every kind of revenue including excise and the right to treat all lands newly brought into cultivation as the personal property of the Inamdars. The Mysore (Personal and miscellaneous) Inams Abolition Act, 1954 (Mysore Act 1 of 1955) (hereinafter called the impugned Act) was passed by the Mysore Legislature and received the assent of the President on the 18th March, 1955 and published in the Mysore Gazette on 19th March, 1955. The Act was subsequently amended by Mysore Act 7 of 1956 which received the assent of the President on 28th June, 1956 and which was published in the Mysore Gazette on 5th July, 1956. By virtue of a notification dated 2nd October, 1956 under Section 1 clause (iv) of the impugned Act, the two inam villages vested in the State of Mysore under Section 3 of the impugned Act. Compensation of the various items was the subject matter of dispute between the petitioner and the Special Deputy Commissioner who was appointed to assess compensation under the machinery of the Act. Awards of compensation were made under Sections 17 and 20 of the impugned Act by the Special Deputy Commissioner. The petitioners preferred Miscellaneous Appeals Nos. 89 and 130 in the High Court of Mysore under Section 31 of the impugned Act. These appeals were heard and decided by the Mysore High Court by a consolidated order of the 27th October, 1960. Against that decision two appeals were brought to this Court in Civil Appeals 196 and 197 of 1965 (SC). These appeals were heard on 25th October, 1967. It was then pointed out by the Court that the constitutional validity of the provisions of the Act cannot be challenged in the statutory appeals in view of the decision of this Court in K. S. Venkataraman and Co., (P) Ltd. vs. State of Madras, (1966) 2 SCR 229 . The petitioners thereafter filed these writ petitions challenging the constitutional validity of the Act.

(3.) The main contention raised by the petitioners is that the impugned Act does not provide for adequate compensation for the property acquired, that the compensation provided for was not a "just equivalent", in other words, the market value of the property at the time of acquisition and there was hence a violation of the guarantee under Art. 31 (2) of the Constitution. The impugned Act is entitled as an Act to provide for the "abolition of personal inams and certain miscellaneous inams in the State of Mysore except Bellary District." The preamble states that it is expedient in the public interest to provide for the abolition of personal inams and certain miscellaneous inams in the State of Mysore except Bellary District and for other matters connected therewith. Section 1 (4) enacts that this section and Sections 2, 27, 38 and 40 shall come into force in respect of any inam village, or minor inam in an un-alienated village, on such date as the Government may by notification appoint. Section 3 provides for the consequences of the vesting of an inam in the State and states as follows:-