The grant of occupancy rights in land under S. 4 of the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, was compensation for the abolition of watan rights.

Judgment

SHAH. J. - With special leave, the Collector of South Satara has appealed against the order of the High Court of Judicature at Bombay directing him to assess compensation payable directing him to assess compensation payable to the respondent under S. 9(1) of the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950.

2. Laxman Madhdev Deshpande-here-inafter called the respondent -was the holder of Paragana Watan land bearing Survey Nos. 503/2 and 504/1 in Mouza Aitwade, Talulq Value, District South Satara. Performance of service in respect of the Watan had been commuted under an arrangement made in or about 1864 under a commutation settlement popularly known as "Gordon Settlement" whereby the holder was, on agreeing to pay a fixed sum, relieved of the obligation to perform service as a Village Officer.

3. The Legislature of the State of Bombay enacted an Act called the Bombay Paragana and Kulkarni Watans (Abolition) Act LX of 1950, which abolished all Paragana and Kulkarni Watans. The respondent applied to the Collector of South Satara for an order under S. 9 of the Act awarding Rs. 10,479-2-8 as compensation for extinction of his right in the watan land, and of his right to enjoy part of the land revenue". By his order dated April 29, 1957 the Collector rejected the application, and the order of the Collector was affirmed by the Bombay Revenue Tribunal in appeal under S. 9(4) of the Act. But in a petition under Art. 227 of the Constitution the High Court of Bombay set aside the order of the Collector and directed that Officer to assess and pay compensation to the respondent under S. 9(1) of the Abolition Act.

4. The land was granted to an ancestor of the respondent as remuneration for performance of Paragana service some time in the sixteenth century by the Ruler of Satara, and that grant was confirmed by the British Government. The original grant and the confirmation sanad have not been produced, but it is common ground between the parties that the grant was of the soil and not merely of the royal share of revenue. In adjudging the claim made by the respondent for compensation under S. 9 of the Bombay Paragana and Kulkarni Watans (Abolition) Act, it is necessary in the first instance to ascertain the true character of the rights of a watandar in the land granted as remuneration for performance of service and the effect of the commutation settlement, in the light of the material provisions of the Bombay Hereditary Offices Act, III of 1874, commonly known as the Want Act. By S. 4 of the Watan Act Watan property s defined as meaning- "moveable or immovable property held, acquired, or assigned for providing remuneration for the performance of the duty appertaining to an hereditary office x x" Hereditary Office is defined as meaning "every office held hereditarily for the performance of duties connected with the administration or collection of the public revenue or with the village police, or with the settlement of boundaries, or other matters of civil administration. The expression includes such office even where the service originally appertaining to it have ceased to be demanded. The watan property, if any, and the hereditary office and the rights and privileges attached to them together constitute the watan" and the expression Watandar means a person having an hereditary interest in a watan: it includes a person holding watan property acquired by him before the introduction of the British Government into the locality of the watan, or legally acquired subsequent to such introduction, and a person holding such property from him by inheritance. Section 15 of the Act provides for commutation of service. By sub-sec. (1) it is provided:

"The Collector may, with the consent of the holder of a watan given in writing, relieve him and his heirs, and successors in perpetuity of their liability to perform service upon such conditions whether consistent with the provisions of this Act or not, as may be agreed upon by the Co