Judgment

KRISHNA IYER, J.:- The appellant in Civil Appeal No. 602 of 1971 is a co-operative society claiming to consist of members who are "local landless backward class people". It has come to this Court by special leave against the judgment of the High Court of Mysore (now Karnataka), having been deprived of the leasehold right granted to it pursuant to the order of Government dated July 17, 1968. Although the term of the lease, namely, five years, has by now expired, still the finding of the High Court is sure to injure the claims of the petitioner society in future and so we proceed to consider the subject-matter on the merits.

2. Considerable lands had been acquired in the last century in the village of Gudas in Belgaum District by the Government of Bombay on the score that they were likely to be submerged by the construction of weir on the river Ghataprabha. However, during summer when the storage of water would shrink, the lands on the contours would be exposed for a whole season and could be put to agricultural use. Therefore, the Government of Bombay resolved by Ex.A of 1898 that such lands could be "let annually for cultivation to such persons and on such terms as may be decided soon", and a further policy decision was taken regarding the persons to whom the lands might be given for seasonal cultivation, and the resolution of Government ran to the effect that "in consideration that the original holders have been dispossessed for a public purpose. Government are pleased to direct as a matter of grace that they should have the first option of cultivating their former holdings" (emphasis added)

3. A few decades later, the same Government, by Ex. D, dated June 19, 1931, passed a "resolution", which is the foundation of the claim of the writ petitioners in the High Court (respondents 4 and 5 in this appeal) and had better be fully reproduced here at this stage:

"Resolution - GOVERNMENT, accept the opinion of the Commissioner, Southern Division, and in supersession of the previous orders on the subject are pleased to issue the following orders.

The lands, which have been acquired for the Gokak Storage Works as being liable to be submerged annually, should be given out for cultivation, when it is feasible to do so on account of the level of water going down after October, to the holders of the survey numbers lying immediately in their rear, such land should be charged Rs.2-8-0 per acre as rent in addition to the current settlement rates plus any water rates for water advantage accruing to the land since the fixing of the settlement rates,either under Section 44 of the Irrigation Act or under Section 55 of the Land Revenue Code. The lands previously auctioned for such cultivation should be treated in the same way after that termination of the period of the current auction sales.

BY ORDER OF THE GOVERNOR IN COUNCIL."

4. As years passed, Government changed its policy and by a circular dated December 19, 1953, a new decision was reached and communicated to the concerned officers. Since the appellant rests its claim on the strength of this circular memorandum, it is appropriate to set it out in full here:

"GOVERNMENT CIRCULAR MEMORANDUM : In supersession of all orders issued so far in connection with the disposal of Galper lands in charge of the Public Works Department, Government is pleased to direct that the principles laid down in the accompanying note printed as an accompaniment, should be adopted while disposing of such lands in future.

2. These orders in the accompanying note do not supersede the orders contained in Government Resolution, Revenue Department No.7056/49, dated the 14th October, 1950, as the latter are applicable to the disposal of Galper lands under the control of the Revenue Department.

By order and in the name of the Governor of Bombay

Sd/-.

(P. M. JOSHI)

DEPUTY SECRETARY TO GOVERNMENT"

A note on the General Policy regarding disposal of tank bed lands in charge of Public Works Department.

In order to eliminate middlemen,