ASSISTANT COLLECTOR Vs. VITHALDAS VALLAVADAS

JUDGEMENT

(1.) These are appeals brought from decisions of the learned Joint Judge of Ahmedabad in certain references made to him by the Assistant Collector of Kaira under Section 18 of the Land Acquisition Act of 1894. The appellant is the Assistant Collector of Kaira, and the appeals raise a point of law which is attended with some little difficulty and a question of fact upon which, I think, there is no difficulty.

(2.) The question of law arises from the fact that the land in controversy formed part of an unrecognized sub-division of a narva holding, and that being so, the question is, whether the case is governed by Section 32 of the Land Acquisition Act. The learned Joint Judge held in the negative. The contention for the appellant is that since under Section 3 of the Bhagdari and Narvadari Tenures Act (Bombay Act V of 1862) it was not lawful to the claimants to alienate this parcel of land, therefore Section 32 of the Land Acquisition Act must apply, and an order should be made under that section. The question, which appears to be res Integra, requires careful consideration of the provisions of the Acts. Section 3 of the Bhagdari and Narvadari Tenures Act provides, so far as its provisions are now material, that: It shall not be lawful to alienate...any portion of any bhag or share in any Bhagdari or Narvadari village other that a recognized sub-division of such bhag or share.

(3.) Section 32 of the Land Acquisition Act, so far as the section is now material, lays down that: Where it appears that the land acquired belonged to any person who had no power to alienate the same, the Court shall (a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership, or (b) if such purchase cannot be effected forthwith, then in such Government or other approved securities as the Court shall think fit; and shall direct the payment of interest from such investment to person or the person who would for the time being have been entitled to the possession of such laud, and such moneys shall remain so deposited and invested until the same be applied (1) in the purchase of such other lands as aforesaid, or (2) in payment to any person or persons becoming absolutely entitled thereto.