BANSHIDHAR Vs. STATE

JUDGEMENT

(1.) THESE 27 special appeals arise out of the judgment of the learned single judge D/-22-12-1975 whereby the learned Judge has held that the proceedings commenced under Chapter III-B of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the 'old Law') for the determination of the ceiling and the surplus area of the land-holder shall even after the Rajasthan' Imposition of ceiling on Agricultural Holdings Act, 1973 (Act No. 11 of 1973) (hereinafter called the 'new Law.) came into force, be governed by the old Law and the new law shall have no effect on such proceedings. Having felt aggrieved by this finding the landholders have preferred these appeals.

(2.) IN order to resolve the controversies raised in these appeals it will be relevant to give a short history of various laws enacted by the legislature from time to time for the fixation of ceiling on agricultural holdings. For the first time, the law was made in the State of Rajasthan by enacting the Rajasthan Tenancy (Amendment) Act, 1960. (Act No. 4 of 1960) which introduced in the Rajasthan tenancy Act, 1955. Chapter III-B. This amending Act got the assent of the president on March 12, 1960. This chapter came into force on December 15, 1963, vide Notification No. F. 6 (12) Rev. B/60, dated 26th November, 1963, published by the Government in the Rajasthan Gazette, Extraordinary, part IV (A) of December 1, 1963. Thus the law relating to ceiling on holdings was incorporated in the Rajasthan Tenancy Act, 1955. The Government while exercising its power under Section 257 of the Rajasthan Tenancy Act framed rules known as the Rajasthan Tenancy (Fixation of Ceiling of Land) Government rules, 1963. The Government by issuing a Notification No. F. 6 (120) Rev, B/60 (ii) fixed 1-4-1965 as a notified date. This Amending Act of 1960 was however challenged in this Court and the petitioners obtained interim orders directing the Government to stay the implementation of the ceiling law. Looking to the number of the petitions filed before this Court, the Government thought it proper not to implement the ceiling law till the clouds cast by the petitioners by preferring writ petitions and obtaining the stay orders had melted away. The writ petitions were dismissed by this Court and thereafter a new notified date was fixed as 1-4-1966 vide Notification No. F. 6 (9) Rev. B/64 dated the february 11, 1966. The law fixed 30 standard acres of land as the ceiling area. Directions were issued vide the said notification that declaration in accordance with Rule 9 of the then Ceiling Rules should be filed within six months from the notified date. These directions of the Government were, however, not carried out by the large number of the land-holders and therefore, a fresh notification was issued on 7-6-1968 by the State Government directing all the Collectors for acquiring land from the land-holders who had land in their possession in excess of 90 standard acres. Meanwhile certain amendments were brought in Chapter iii-B of the Rajasthan Tenancy Act. The effect of the amendments so brought by the legislature was that it maintained the ceiling area to the extent of 30 standard acres but recognised certain transfers effected after 1958 which could not be recognised under the unamended law. The law was again amended in 1970 and Section 30 (j) was deleted with effect from 18-8-1970. The parliament in order to avoid litigation between the State and the land-holders placed the Rajasthan Tenancy Act, 1955 in the 9th Schedule of the Constitution but that Act of the Parliament was challenged before the Supreme Court. That act was, however, held to be valid by the Supreme Court. It is averred by the state that under Chapter III-B of the Rajasthan Tenancy Act, 1955, 33,471 cases were decided in accordance with the provisions of that chapter upto 3112-1972 prior to the commencement of the new Law i. e. , the Rajasthan imposition of Ceilings on Agricultural Holdings Act, 1973. After the new Law came into force as many as 8494 cases were initiated under Chapter III-B of the Rajasthan Tenancy Act, and they were also decided during the period commencing from 1-1-1973 to 30-6-1976. An area measuring 2,95,812 acres was declared as a surplus area upto 31-12-1972. The possession of the surplus land except the land covered by 166 cases, according to the affidavit of the officer-in-charge, was taken possession of by the State Government and distributed among the landless tenants.

(3.) ON 1-1-1973 the Governor issued an Ordinance called the Rajasthan imposition of Ceiling on Agricultural Holdings Ordinance, 1973 (Rajasthan ordinance No. 1 of 1973), By this Ordinance the old Law relating to ceiling contained in Chapter III-B of the Rajasthan Tenancy Act, 1955 was repealed except so far as it related to the second proviso to Sub-section (1) of Section 4 and in Sub-section (2) of Section 15 of the Ordinance. This Ordinance prescribed entirely a new scale of ceiling area. It was published on January 1. 1973, in the Rajasthan Gazette, Extraordinary, Part IV (Kha) dated January 1, 1973.