STATE OF GUJARAT Vs. PRATAPSINHJI RAMSINHJI VASAVA

JUDGEMENT

(1.) The two special civil applications are directed against the decision of the Gujarat Revenue Tribunal which was rendered in Appeal No. GRT. A. 74/70 decided on 1/02/1974 by the President of the Gujarat Revenue Tribunal Ahmedabad. The Sagbara Estate Regulation 1962 known as Gujarat Regulation No. 1 of 1962 was passed and as a result compensation was required to be paid to Shri Ramsinhji Karsansinhji Vasava of Sagbara Estate. Shri Ramsinhji has now expired and his heirs are on record. It appears that after the coming into force of Regulation No. 1 of 1962 on 1/12/1962 no petition for compensation was filed by Shri Ramsinhji. But on 24/04/1969 a meeting was held in Sachivalaya in the office of the Secretary Legal Department where apart from Secretary Legal Department several other officers of the Revenue Department and Solicitors of the Government and an Advocate for Shri Ramsinhji. remained present. The matter was discussed at length and the minutes of the meeting are produced at page 50-A of Special Civil Application No. 154 of 1975. Thereafter on 25/08/1969 advocate of Shri Ramsinhji Vasava addressed a letter to the Secretary Revenue Department Government of Gujarat and that letter is produced at page 50-C. Government gave a reply to that letter on 9/09/1969. The letter of the Government addressed to the advocate of Shri Ramsinhji Vasava is produced at page 50-F. The result of all these negotiations was that Regulation No. 1 of 1962 was amended and by amendment Section 12(A) was inserted. By insertion of that section persons who had right to apply for claiming compensation could apply before the end of December 1970. Thus the right which had become barred by law of limitation by original Regulation No. 1 of 1962 was saved and by insertion of sec. 12(A) persons who were entitled to claim compensation got extension to prefer application and taking advantage of that position Shri Ramsinhji Vasava submitted an application on 12/10/1969. In that application large amounts were claimed as compensation for waste lands for Gaothan lands for trees and also for cultivable lands roads abolition of miscellaneous revenue rights related and compensation for agricultural lands. The Deputy Collector after recording evidence passed an award on 24/04/1970 and an amount of Rs. 30 15 905.88 was awarded and it was awarded on the following five heads as under: <FRM>JUDGEMENT_352_GLR1_1983Html1.htm</FRM>

(2.) Now before we go the other two aspects of solatium and interest we say that we have come to the above conclusions because we ate hearing this matter under Article 227 of the Constitution of India. It is conceded by learned advocate Shri B. R. Shah that vires of the Regulation are not challenged. Therefore so far as Regulation 1 of 1962; is concerned it is valid and on that footing negotiations were carried or Ultimately because the petitioners like Shri Ramsinhji and many. others lost limitation sec. 12(A) was added and Shri Ramsinhjis petition was entertained. Now when we sit to decide a petition under:

(3.) Now so far as solatium is concerned the amount awarded is Rs. 7 65 819.75 That solatium was awarded because of a judgment rendered by this Court. In the case of THAKARANI SHRI GUMANKUNVERBA KARAMSINHJI AND ANOTHER V. STATE OF GUJARAT REPORTED IN.. Now this judgment is overruled and is no longer a good law. The State of Gujarat had filed an appeal before the Supreme Court and the judgment is reported and the case is STATE OF GUJARAT THAKARANI SHRI GUMANKUNVARBA KARAMSINHJI AND ANOTHER V. GUJARAT REVENUE TRIBUNAL AND OTHERS REPORTED IN AIR 1976 SC 1721. In paragraph 13 of that judgment the Supreme Court held that the Legislature did not intend nor did it provide to give any solatium on the amount of compensation awardable to the erstwhile Jagirdar. Now that was a case under the Bombay Merged Territories and Areas (Jagirs Abolition) Act. Learned advocate Shri B. R. Shah conceded that Regulation 1 of 1962 stands on a similar footing and solatium cannot be awarded.