BASANTILAL Vs. LAL SHANKER

JUDGEMENT

(1.) THIS is a reference by the Munsif, Banswara, in a suit in which the validity of sec. 80 of the Rajasthan Tenancy Act 1955 has been questioned. THIS section runs as follows: "tenant's right in trees existing at the commencement of this Act - Notwithstanding anything in this Act or any custom or contract to the contrary, scattered trees standing on the holding of a Khatedar tenant at the commencement of this Act shall vest in such tenant; Provided that where such trees are the property of any other person at the commencement of this Act, such person shall be given compensation by the tenant in accordance with rules prescribed in that behalf".

(2.) THE above Act came into force on 15-10-55. THE Rules for determining compensation provided in the proviso to the above section were however framed in 1958. THE constitutional validity of the provision is challenged on the ground that at the time of enforcing the law the principles for determining compensation were not laid down. Nor was the amount of compensation prescribed by the law providing fur deprivation of property in trees as provided by Art. 31 (2) of the Constitution.