KHUSALSING MULSING REVAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shri Mukesh Patel, AGP is present in the court and he was called upon to make the submissions on behalf of the respondent, but he stated that he has no instructions in the case as well as the papers of the case.

(2.) Heard learned counsel for the petitioners and perused the papers of this Special Civil Application. The petitioners are the ex-jagirdars of Vantda which is a village in Modassa Taluka of Sabarkantha District. Under the provisions of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 the jagir were abolished. The Collector, Sabarkantha has declared the jagir as a proprietary jagir. The land bearing survey No. 151 admeasuring 341 acres and 15 gunthas formed part of the petitioners' jagir. It was a forest land. On abolition of the jagir, the petitioners became the occupants of the said land. However with effect from 1-8-1973 all private forests in the State of Gujarat vested in the State Government on coming into force of the Gujarat Private Forests Acquisition Act, 1972 (hereinafter referred to as the Act, 1972). So the land of survey no. 151 vested in the State Government and the petitioners became entitled for the compensation, both for the land and also in respect of the trees under Sec. 6 of the Act, 1972. On 31st December, 1974, the predecessors of the petitioners made an application under Sec. 7 of the Act, 1972 and claimed compensation for the land, trees and mines and minerals. The details of which are as under: Rs. 60,000/- for lands Rs. 1,50,000/- for trees, and Rs. 2,50,000/- for mines and minerals. The Deputy Collector, Sabarkantha as Gujarat Private Forest Acquisition Officer, Sabarkantha held the inquiry and by its order dated 23rd December, 1977 awarded Rs. 8536/- and interest as compensation for the land. However, the claim of the petitioners for compensation in respect of the trees was rejected on the ground that the lands were not surveyed and settled on scientific basis under the provisions of the Bombay Land Revenue Code. The petitioners have preferred an appeal against the said order of the Acquisition; Officer before the Gujarat Revenue Tribunal. The Gujarat Revenue Tribunal enhanced the award from Rs. 8536/- to Rs. 16025/- for compensation in respect of the land. However, so far as the compensation in respect of the trees were concerned, the Revenue Tribunal has not accepted the same.

(3.) The time for making an application for compensation under the Act, 1972 was extended upto 31st December, 1980. The petitioner made an application on 6-12-1980, claiming Rs. 1,50,000/- as compensation for trees. The Acquisition Officer dismissed the application on 29th July, 1983 on the ground that in the earlier inquiry the claim for trees was not accepted and also on the ground that mere was no satisfactory evidence regarding the existence of the trees on the land in dispute when its possession was handed over in the year 1973 to the State Government. The appeal preferred by the petitioners against the said order of the Acquisition Officer was rejected by the Gujarat Revenue Tribunal only on the ground that it cannot go behind its decision dated 20th October, 1978 passed in the earlier appeal. Hence this Special Civil Application.