IMPORTANT POINT
Section 76 and Explanation II to Section 2(22) of the Andhra Pradesh Charitable and Hindu Religious Institution and Endowments Act, 1987 is invalid and unconstitutional to the extent pointed out in this judgment.

Headnote:Andhra Pradesh Charitable and Hindu Religious Institution and Endowment Act, 1987-Expl. II to Section 2(22) and Section 76- Whether constitutionally valid ?- Section 76 indirectly repealing Inams Abolition Act and Judgments of High Court -Not valid to that extent constitutionally.
Held : It would thus be clear and we hold that without amending the law under Inam Abolition Act and without properly removing the foundation of the judgments rendered by the High Court, the legistlature sought to destroy the effect of the law in Inam Abolition Act on erroneous belief or assumption that it did not bind the religion or charitable institutions or endowment or that the holder of land did not acquire title or no patta was granted to him and the land was still with the institution and treated the occupant as encroacher. The legislation founded on such an erroneous assumption does not have the effect of depriving the holder of the land of their vested rights acquired under the Inams Abolition Act. The legislature has plainly misfired. Accordingly, we hold that Section 76 and Explanation II to Section 2(22) of the Act to that extent are invalid and unconstitutional. (Para 17)

JUDGMENT

K. Ramaswamy, J.-The petitioners are challenging the constitutionality of Explanation II to Section 2(22) and Section 76 of the Andhra Pradesh Charitable and Hindu Religious Institution and Endow-ments Act, 1987 (30 of 1987) (for short, "the Act") in this writ petition, apart from other provisions of the Act challenge to which is decided in other connected matters. In this case we confine our consideration to the validity of the above provisions. It is contended in the writ petition and argued by Shri R. Venugopal Reddy, their learned senior counsel, that ryotwari pattas having been granted under the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act (37 of 1956) (for short, "the Inams Abolition Act") and the same having attained finality, the legislature is devoid of power under the Act to set at naught the effect of the grant of ryotwari patta to the archakas, service holders or employees covered under the Act by a legislative side-wind. It is their case that by grant of ryotwari patta in favour of the aforesaid persons, they became absoluate owners of the property. The legislature, therefore, is devoid of competence to make the law, employing non obstante clause, to take away their vested rights without compensation. Shri P.P. Rao, learned senior counsel for the State, contended that since the legislature abolished hereditary rights of archakas, service holders or other employees and introduced payment of salary for them, the legislature is competent to enact Section 76 and Explanation II to the definition of endowment under Section 2(22), divesting their title and vesting the same in the endowment or institution as the case may be.

2. Section 2(22) of the Act defines religious endowment thus :

"2(22) - `religious endowments means property (including movable property), and religious offerings whether in cash or kind, given or endowed for the support of a religious institution or given or endowed for the performance of any service or charity of a public nature connected therewith or of any other religious charity; and includes the institution concerned and also the premises thereof.

Explanation II:-Any Inam granted to an archaka, service holder or other employee of a religious institution for the performance of any service or charity in connection with a religious institution shall not be deemed to be a personal gift to the archaka, service-holder or employee, notwithstanding the grant or ryotwari patta to all archaka, service holder or employee under the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 but shall be deemed to be a religious endowment."

3. A reading of the section would show that religious endowment means property including movable property given or endowed for the support of a religious institution or given or endowed for the performance of any service or charity of a public nature connected therewith or of any religious charity and includes the institution connected and also the premises thereof. Any inam granted to an archaka, service holders or other employees of a religious institution for the performance of any service or a charity in connection with the institution shall be deemed to be a personal gift to the archaka, service holders or employee, notwithstanding the grant of ryotwari patta to all archakas, service holders or employees under the Inams Abolition Act, but shall be deemed to be a religious endowment. Section 76 of the Act reads thus :

"76. prohibition of transfer of lands granted for rendering service to a religious or charitable institution or endowment :-

(1) Where, before or after the commencement of this Act, any person has been granted a ryotwari patta in respect of any inam land given to a service holder or other employee of a charitable or religious institution or en-dowment for the purpose of rendering service to the institution or endowment then, notwithstanding to the contrary in any other law for the tim

Click Here to Read the rest of this document

1996 Supreme(SC) 92

IMPORTANT POINTSection 76 and Explanation II to Section 2(22) of the Andhra Pradesh Charitable and Hindu Religious Institution and Endowments Act, 1987 is invalid and unconstitutional to the extent pointed out in this judgment.

Cases Referred (5)

IMPORTANT POINT
Section 76 and Explanation II to Section 2(22) of the Andhra Pradesh Charitable and Hindu Religious Institution and Endowments Act, 1987 is invalid and unconstitutional to the extent pointed out in this judgment.