KS GHANSHYAMSINHJI JORAVARSINHJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These petitions are filed under Article 226 and 227 of the Constitution of India against the judgment and order dated 28.3.2000 passed by the Gujarat Revenue Tribunal in Appeal No. TEN-AK-16/1984. Special Civil Application No. 7702 of 2000 is filed by the legal heirs of Shri KS Joravarsinhji Godji who claimed to be the Inamdar under the Bombay Inams (Kutch Area) Abolition Act, 1958 (hereinafter referred to as "the Act" for the sake of brevity). Main grievance amongst others raised by the petitioners in Special Civil Application No. 7702 of 2000 is to the effect that the petitioners were not given adequate compensation for uncultivated but cultivable lands and waste lands and open residential plots as per the market value under section 16 and 17 of the Act.

(2.) Special Civil Application No. 12116 of 2000 is filed by the State of Gujarat bringing forth the challenge that the Inamdar was not entitled to the benefit of compensation under the Land Acquisition Act and they were also not entitled to the other statutory benefits like solatium and interest under the said Act. For the sake of convenience, Petitioners in Special Civil Application No. 7702 of 2000 shall be referred to as "the Inamdars" and the petitioners in Special Civil Application No. 12116 of 2000 shall be referred to as "the State".

(3.) The facts of the case as noticed from the record are to the effect that the petitioners in Special Civil Application No. 7702 of 2000 claimed to be the Inamdars in respect of villages Mokha and Chhasra of Mundra Taluka, District Kutch. These villages were granted as Jagir to the petitioners' late father KS Godji by the ruler of Kutch under the sanad dated 27.3.1948 before the merger of the State of Kutch with the Union of India. This Jagir came to be abolished by virtue of the Bombay Inams (Kutch Area) Abolition Act, 1958 with effect from 30.12.1958. Therefore, Inamdars filed separate application under section 13 on 30th March, 1967 in prescribed form claiming compensation. Special Mamlatdar awarded sum of Rs. 43600.14 ps for agricultural land and Rs. 48.05 ps. per tree as market value of the trees. No compensation was however awarded for uncultivable waste lands and village site lands. It appears that thereafter, the Inamdars approached the Tribunal and the matter was remanded to the Special Mamlatdar on 4.11.1982 for giving adequate opportunities of hearing to the Inamdars and the Mamlatdar thereafter made order dated 23.4.1984 and did not make any change in his earlier order. The Inamdars thereafter again approached the Tribunal and the Tribunal by its order dated 24.6.88 gave some additional benefits. However, the Inamdars were not satisfied and, therefore, they filed Special Civil Application No. 194 of 1989 before this Court and this Court quashed and set aside the order dated 24.6.88 passed by the Tribunal and remanded matter for fresh disposal by order dated 8.11.1993 in light of the observations made in the judgment and order. In the said proceedings of Special Civil Application No. 194 of 1989, this Court had noted the following main submissions of the Inamdars: