Judgement

GOSWAMI, J.:- These appeals are by certificate granted by the High Court of Gujarat. Since a common question of law arises for consideration in all these appeals and the learned counsel in all the appeals adopted the arguments of Mr. Tarkunde, the learned counsel for the appellant (in Civil Appeal No.746 of 1971) the facts of that appeal alone need be stated and this judgment will govern all the appeals.

2. The appellant is the Managing Trustee of the Trust of the Temples of Laxminarayan Deo of Vadtal and is the Acharya of the Gadi of the Swaminarayan Sampraday at Vadtal which is a public trust registered under the Bombay Public Trust Act. Under the scheme of the Trust the appellant is authorised to look after the management of the properties of the Trust. It is not disputed that the Swaminarayan Sampraday is a religious denomination which believes in Lord Krishna and Radha. The Institution holds Devasthan Inam lands and the appellant challenges the constitutional validity of the Gujarat Devasthan Inams Abolition Act, 1969 (hereinafter referred to as the Act).

3. The Act came into force on November 15, 1969 and it extends to the Bombay area of the State of Gujarat. The preamble shows that it is an Act "to abolish inams held by religious or charitable institution in the Bombay area of the State of Gujarat and to provide for matters consequential and incidental thereto".

4. Section 2 contains the definitions. By Section 2(6).

" Devasthan inam means an inam consisting of a grant or recognition as a grant-

(a) of a village, portion of a village or land, whether such grant be-

(i) of soil with or without exemption from payment of land revenue or

(ii) of assignment of the whole of the land revenue of the village, portion of the village, or as the case may be, land, or of a share of such land revenue, or

(iii) of total or partial exemption from payment of land revenue in respect of any land; or

(b) of cash allowance or allowance in kind by whatever name called, by the ruling authority for the time being for a religious or charitable institution and entertainment as such in the alienation register kept under Section 53 of the Code or in any other revenue record or public record maintained in respect of alienations or determined as such by a decision under Section 5 of the Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat XXXIII of 1963) but does not include.

x x x x x x"

5. By Section 2(7) "Devasthan land" means a village, portion of a village or land held under a Devasthan inam".

6. By Section 2(9)

" inferior holder means a person who is in possession of a Devasthan land whether by inheritance, or succession or valid transfer under the tenancy law or otherwise and who, being liable to pay assessment in cash or kind, holds such land, whether on payment of assessment or not".

7. By Section 2(10) inamdar means in the religious or charitable institution for which a Devasthan inam is held, whether such inam is actually entered in the relevant revenue record in the name of such institution or of any person in charge of such institution or having the management thereof."

8. By Section 2(12) " religious institution means any institution belonging to any religion."

9. By Section 2(14) "unauthorised holder" means a person in possession of a Devasthan land under any kind of alienation thereof which is null and void under the law applicable in such land immediately before the appointed day".

10. Section 5 provides for

"abolition of certain Devasthan inam together with their incidents and Devasthan lands to be liable to payment of land revenue - Notwithstanding any usage or custom, settlement, grant, agreement, sanad or order or anything contained in any decree or order of a Court or any law for the time being applicable to any Devasthan inam, with effect on and from the appointed day-

(a) all Devasthan inams except in so far as they consists of a grant or recognition as a grant of cash allowance or allowance in kind shall be and are hereby