VINODI RAM BAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the erstwhile State of Bundi, a dam, known as 'burdha Dam' was constructed in the year 1926 and therefrom irrigation facilities were provided to the nearby lands through a canal, its branches and distributaries. These facilities were also given to the agricultural farm, known as 'alphanagar Farm'. Shri Brij Narain purchased this farm after having obtained sanction of the Ruler of the erstwhile State of Bundi. The petitioners (M/s. Vinodi Ram Balchand) then purchased it vide registered sale-deed dated 2nd July, 1946 (Annexure. 3 ). The purchasers used to pay land revenue as well as irrigation charges at the rate of Rs. 2/- per Bigha.

(2.) WITH a view to promote agricultural occupancy of the State the Government of Rajasthan undertook the construction of a number of irrigation projects including Chambal Irrigation Project and its branches. This entailed enormous expenditure and heavy investment. The Government considered it expedient to levy special charges, known as betterment charges. The Legislature enacted the Rajasthan Lands Special Irrigation Charges Act, 1953 (hereinafter referred to as 'the Act ). In exercise of the powers conferred by section 15 of the Act, the Government of Rajasthan made Rules, known as Rajasthan Land Special Irrigation Charges Rules, 1954 (hereinafter referred to as 'the Rules' ). In the year 1960-61 a branch of the left main canal of the 'chambal Irrigation Project', known as Bundi Branch, was connected with the canal of the Burdha Dam. It cut the farm into two pieces, southern and northern portion. By a notification, dated 27th February, 1959, the State Government constituted a Board, within the meaning of Rule 2 (g) of the Rules, consisting of the Commissioner, Kota as the Chairman, Superintending Engineer, Canal Circle, Kota, Director, Colonisation Chambal Project, and the Collector Kota, Collector Bundi and the Settlement Officer, Kota. By a subsequent Notification, dated 2nd November, 1962, the Additional Chief Secretary to the Government of Rajasthan was appointed as the Chairman of the aforesaid Board in the place of the Commissioner Kota The Government of Rajasthan, in exercise of its powers under section 5 (1) of the Act, declared through Notification, dated 13th June, 1962, its intention to levy betterment charges in respect of the lands, included in the Chambal Irrigation Project and situated in the Districts of Bundi and Kota This Notification (Annexure 15) was published in the Rajasthan Gazette, dated 28th June, 1962. The Notification relates to the land of Alphanagar Farm, including other lands mentioned therein. The land-holders and occupancy tenants likely to be affected by the proposed betterment charges were required to file objections (vide annexure 16) within 60 days from the date of the publication of the Schedule in the Official Gazette or at the conspicuous place or at the Tehsil headquarters. Thereafter the State Government determined the final Schedule of betterment charges and published the same in the Gazette, dated 15th December, 1964. A perusal of the Annexure 17 shows that a note was appended to the final Schedule of betterment charges, whereby certain lands, including the, 'chahi land' were exempted from levy of betterment charges. Through Notification, dated 18th May, 1968 (Annexure 18), the names of the villages were notified in which the lands situated were made liable to pay betterment charges. On 9th June, 1969 (Vide Annexure 19), a demand slip was issued in respect of betterment levy, regarding petitioner's farm, known as Alphanagar. An amount of Rs. 73,903=50 was demanded as betterment levy if the money was to be paid in one instalment; and in case, it was to be paid in 10 instalments then a sum of Rs. 88. 684/-20 was demanded from the petitioner. The petitioner under section 9 (2) of the Act, submitted objections, which were rejected by the Divisional Canal Officer on 10th August, 1965. The petitioner, thereafter, filed an appeal before the Collector, Bundi, who accepted the same and remanded the case to the Divisional Canal Officer for deciding it afresh after hearing the petitioner. The Divisional Canal Officer again decided the matter against the petitioner. He was of the view that the capacity of the Chambal Project was much more as compared to the Burdha Dam and as it was constructed at considerable cost and the petitioners' land was benefited by it, he was liable to pay the betterment charges. WITH these observations he dismissed the objection. The appeal filed by the petitioner before the Collector Bundi met with no success and it was dismissed on 26th August, 1967.

(3.) THE declaration of the intention to levy betterment charges by the Government in no way adversely affects the rights of any party. It does not cast any duty upon the public or the affected party to do anything. THE jurisdiction to raise objection arises only when a draft schedule is published under sub-section (4 ). Non-compliance with the manner of publication of the Notifi-cation published under section 5 (1) is not vested by any penalty. It cannot also be said that the object of the Legislature would be defeated if the notice issued under section 5 (1) of the Act is not published in the manner provided under rule 3 of the Rules.