LAXMAN CHIMAN NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these petitions raise common question with regard to the compensation payable to the Vatan Land Inamdars and, therefore, they are being disposed of by a common judgment.

(2.) ALL the above writ petitions arise under the provisions of the Bombay Bhil Naik Inams Abolition Act, 1955 (hereinafter referred to as "the above Act") which came in force on 1st August 1955. Bhil Naik Inamdars have filed the present petitions challenging the Judgment and order dated 25-4-1991 passed by the M.R.T. in Revision Applications filed by them in the year 1982 against the Award dated 11th March 1981 passed by the Sub Divisional Officer, Nasik Division, Nasik in Compensation Cases Nos.2, 3, 4, 5 and 6 of 1979 filed under the above Act.

(3.) THEREAFTER the petitioners-vatanders filed applications for compensation under Section 7 of the above Act. The Additional Collector, Nasik dismissed the said applications. So also the appeals preferred against the said order before the M.R.T. were dismissed. Further appeals were filed before M.R.T. which again came to be dismissed. The dismissal orders passed by the M.R.T. were challenged before this Court in Special Civil Application Nos.770 and 771 of 1963. The said special Civil Applications were allowed by this Court holding that the Inamders were entitled to the compensation for abolition of their rights to waste lands, pot-kharab lands, open sites in the Gaothans, Rivers and nallas and forest trees. The matters were, therefore, remanded to the Collector for holding further enquiry under Section 7 of the Act by the judgment and order of this court dated 5th February 1965. Aggrieved by the aforesaid view taken by this Court the respondent-State filed Civil Appeal Nos.1550 and 1551 of 1971 before the Supreme Court. The Supreme Court by its judgment and order dated 21st August 1973 confirmed the view taken by this Court and consequently dismissed the Civil Appeals preferred by the State of Maharashtra.