GOPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of this writ petition, the petitioner has challenged the constitutional validity of Sub-section (6) of Section 19 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 ('the Act of 1973') wherein it is provided that the amount of acquisition, payable to a person for surplus land vesting in the State Government, shall carry simple interest at two and a half per cent per annum from the date of surrender of surplus land or of ejectment therefrom.

(2.) HAVING regard to the subject matter of this writ petition, it appears appropriate to put a glance, at the outset, over the relevant background aspects concerning the subject enactment. The Act of 1973 was promulgated on 28.03.1973 as a consolidating and amending law for imposition of ceiling on agricultural holdings, disposal of surplus land, and the matters ancillary thereto. Its forerunner had been Chapter III-B of the Rajasthan Tenancy Act, 1955 ('the Act of 1955') that was ultimately repealed. In this enactment, provisions have been made, inter alia, for fixation of ceiling on land holdings, computation of ceiling area, furnishing of returns, vesting of surplus land, and the amount of acquisition. Section 19 of the Act of 1973 deals with the aspects relating to determination of amount of acquisition whereby the State Government has been made liable to pay the amount of acquisition for all lands vesting in it, to the person upon whom the final statement was served. Every such person is entitled to submit, within the prescribed time, a detailed statement of claim for the amount of acquisition in the prescribed form; and upon receipt of such statement of claim, the Authorised Officer is to determine the amount of acquisition payable in accordance with the prescribed scales. Leaving aside the other aspects, being not relevant for the present purpose, the questioned provision of Sub-section (6) of Section 19, whereby it is provided that the amount of acquisition shall carry simple interest at two and a half per cent per annum from the date of surrender of surplus land or of ejectment, could be noticed as under:-

(3.) THE petitioner and his mother (the original assessee having expired) preferred an appeal (No. 237/1986) against the aforesaid order dated 12.01.1984 before the Revenue Appellate Authority-II, Jodhpur ('the RAA'). During the pendency of this appeal, the amount assessed by the SDO (principal along with interest amounting to Rs. 84,702.45) was paid to the petitioner on 19.02.1987. Then, by an order dated 02.06.1987, the learned RAA enhanced the compensation to a sum of Rs.3,99,050.00 and also awarded interest at the prescribed rate of two and half per cent per annum. Aggrieved by this order, the State preferred a revision petition before the Board of Revenue for Rajasthan, Ajmer that was dismissed by an order dated 20.10.1994.