PADMAVATI DEVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Smt. Padmavati Devi, the petitioner in this petition, is the wife of Shri Birendra Bahadur Singh who is the ex-Ruler of the Indian State Khairagarh. This State merged with the Central Provinces and Berar on 1st January 1948. Before the merger, the Ruler by a Sanad dated 29th Dec. 1947 granted a perpetual lease of forest area comprising of 5585 acres situated within Bodratola block in favour of the petitioner. An agreement was reached between the ex-Ruler of Khairagarh and the Premier of the Central Provinces and Berar on 19th June 1948 in which the forest lease granted in favour of the petitioner was recognised. On coming into force of the Constitution on 26th January 1950, the Central Provinces and Berar became the State of Madhya Pradesh. On 23rd June 1953, a perpetual lease was executed in favour of the petitioner by the Governor of Madhya Pradesh in recognition of the lease granted by the Sanad. The only difference between the grant made under the Sanad of the Ruler and the lease executed by the Governor of Madhya Pradesh is that under the former the petitioner was not liable to pay any annual rent; but under the new lease the petitioner became liable to pay Rs. 100/- as annual rent.

(2.) The Madhya Pradesh Legislature enacted the Madhya Pradesh Van Bhumi Shashwat Patta Prati Sahharan Adhiniyam, 1973 (Act No. 33 of 1973). This Act was brought into force from 1st October 1973. Section 2 (a) of the Act defines "appointed date" to mean "the date on which the Act came into force." "Industrial lease" is defined by Section 2 (c) to mean "a lease of forest land for supply of forest produce as raw material to an industry." "Perpetual lease" as defined by Section 2 (e) means "lease of forest land for a period of 30 years or more but does not include an industrial lease." The Act by Section 3 revoked all perpetual leases of forest land from the appointed date, the effect of which was that all rights, titles and interest vesting in the lessee stood resumed by the State Government free from all encumbrances on the appointed date. Section 4 of the Act provides for continuance in possession of the lessee of such lands as were cleared up and brought under cultivation by the lessee before the appointed date. Section 5 directs the Collector to take possession of all forest lands under the perpetual leases revoked by the Act other than those specified in Section 4. Provision for payment of compensation is made by Sections 6, 7 and 10. The amount payable is determined in accordance with the principles set out in the Schedule to the Act.

(3.) The perpetual lease in favour of the petitioner which was granted by the Governor by lease deed dated 23rd June 1953, dated (stood ?) resumed under the aforesaid Act from 1st Oct. 1973. The petitioner by this petition challenges the validity of the Act on the ground that it violates her fundamental rights under Articles 14, 19 and 31 of the Constitution.