Judgment

K. N. WANCHOO, J. : These are twenty-four petitions under Art. 32 of the Constitution. We propose to deal with them by one judgment, as the main point involved in them is common.

2. The petitions fall into three groups. The first group consists of ten petitions relating to Sirsi jagir (hereinafter called the Sirsi petitions). The second group comprises nine petitions relating to Pohri jagir (hereinafter called the Pohri petitions). The third group consists of five petitions relating to Palpurjagir ( hereinafter called the Palpur petitions). There are some differences in detail between the three groups, and we shall give the facts of each group separately, after setting out certain preliminary matters common to all the petitions.

3. Abolition of jagirs was under contemplation in the former State of Madhya Bharat (now included in Madhya Pradesh). In order, therefore, to preserve the forest resources of jagirs to be abolished, the State of Madhya Bharat passed an Act called the "Jagir Forests (Prevention of, Indiscriminate Cutting Act. No. 55 of 1950," (hereinafter called the Cutting Act), which came into force on July 3,1950. Section 3 of the Act provides restrictions on the power of a jagirdar to deal with the forests in his jagir, and the relevant portion of that section is in these terms:-

"Except for his own bona fide Nister purposes or those of the villagers residing in the Jagir area concerned, no jagirdar shall cut, or cause to be cut, or authorise any person to cut or cause to be cut any tree in the forest area of jagir without the previous sanction obtained in writing of the Commissioner for Jagirs .,.....,...., who shall not give such sanction without the previous consultation of the Chief Conservator of Forests. Such sanction may be subject to such conditions and restrictions as may be Imposed by the Jagir Commissioner."

The Madhya Bharat Abolition of Jagirs Act, No. 28 of 1951, (hereinafter called the Abolition Act) was passed in that year and received the assent of the President on November 27, 1951. Before, however, a date could be appointed for the resumption of jagirs under S. 3 of the Abolition Act, an injunction was issued on December 7,1951 restraining the Government of Madhya Bharat from putting it into force. This injunction continued up to December 4, 1952, when the writ petitions in which the injunction had been issued were dismissed. On that very day a notification was issued under S. 3 of the Abolition Act and all jagirs in Madhya Bharat stood resumed.

4. Section 6 of the Abolition Act will have to be referred to later and is in these terms :

"Where a Jagirdar has on or after the 29th January, 1949-

(a) granted a lease of his jagir land or any part thereof for any non-agricultural purpose for a period of 3 years or more; or

(b) granted a lease of or entered :into a contract relating to, any forest in his Jagir land for a period of 3 years or more ; and the Jagir Commissioner is satisfied that such lease or contract was not made or entered into in the normal course of management but-in anticipation of legislation for the abolit on of Jagirs, the Jagir Commissioner may, according to the rules made by the Government in this behalf, by order in writing, cancel the lease or the contract, as the case may be.

5. The facts of the Sirsi petitions are these : The jagirdar of Sirsi applied to the Commissioner or Jagirs on July 12, 1952, for permission to cut forest trees in about three thousand bighas in his jagir. While this application was pending, he gave contracts to the ten petitioners on various dates in November1952, to cut forest in certain specified areas of his jagir on payment of certain premia, and the contracts were for a period ending June 30, 1954. Payments were made in part to the jagirdar by the petitioners soon after. The sanction of the Jagir Commissioner was, however, received in relation to these contracts on January 19, 1954, except in one case where sanction had been given earlier in 1953.