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High Court Of Rajasthan
Judgename : Jagat Narayana,L.N.Chhangani,B.P.Beri
HIMMAT SINGH - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Civil Writ Petn. 1127 Of 1970
Decided On : 12/15/1971
RAJASTHAN TENANCY ACT - SECTION 15-A - CONSTITUTIONALITY - VALIDITY - NINTH SCHEDULE - ARTICLE 31-A - ARTICLE 31-B - ACQUISITION OF LAND - COMPENSATION - CEILING LIMIT - RAJASTHAN CANAL AREA - KHATEDARI RIGHTS - TEMPORARY CULTIVATORS - COLONISATION - LAND REFORMS - RESUMPTION OF JAGIRS - VALIDATION OF ACTS AND REGULATIONS - FUNDAMENTAL RIGHTS - INTERPRETATION OF STATUTES - RETROSPECTIVE EFFECT - PROSPECTIVE EFFECT - APPLICABILITY OF PROVISIONS - SCOPE OF PROTECTION - JUDICIAL REVIEW - LEGISLATIVE COMPETENCE - STATE POWER - CONSTITUTIONAL LAW.
Fact of the Case:
The petitioners, temporary cultivators of land in the Rajasthan Canal Area, became Khatedar tenants under the Rajasthan Tenancy Act. They challenged the validity of Section 15-A of the Act, which extinguished their Khatedari rights, arguing that it violated Articles 31A(1), 19(1)(F), and 31B of the Constitution.
Finding of the Court:
The court held that Section 15-A did not violate any fundamental rights and was constitutionally valid. It relied on the inclusion of the Rajasthan Tenancy Act in the Ninth Schedule to the Constitution, which protected it from challenge on the ground of inconsistency with fundamental rights.
Issues: 1. Whether Section 15-A of the Rajasthan Tenancy Act, 1955, can be declared unconstitutional or void as being violative of Article 31A(1), 19(1)(F), and 31B of the Constitution despite the amendment of Schedule 9 of the Constitution of India by the Constitution (Seventeenth Amendment) Act, 1964? 2. Whether the provisions of the Rajasthan Tenancy Act, 1955, as originally enacted, were validated, or whether the Amending Acts by which Section 15-A was inserted and amended are also included in the validation? 3. Whether Section 15-A is invalid because it does not provide for payment of compensation at market value for land included within the ceiling limit?
Ratio Decidendi: 1. The inclusion of the Rajasthan Tenancy Act in the Ninth Schedule to the Constitution protected it from challenge on the ground of inconsistency with fundamental rights, including Articles 31A(1), 19(1)(F), and 31B. 2. When an Act is referred to by its title in the Ninth Schedule, it is intended to refer to that Act with all the amendments made in it up to the date of the reference. 3. The explanation added to the Ninth Schedule, which provides that any acquisition made under the Rajasthan Tenancy Act in contravention of the second proviso to Clause (1) of Article 31-A shall be void, does not invalidate Section 15-A itself, but only specific acquisitions made in contravention of the proviso.
Final Decision: The court answered the referred question in the negative, holding that Section 15-A of the Rajasthan Tenancy Act was not unconstitutional or void.
( 1 ) THE following question has been referred by a learned single Judge of this court:--
"whehter Section 15-A of the Rajasthan Tenancy Act 1955, can be declared as unconstitutional or void as being violative of Article 31a (1)or 19 (1) (F) and 31b of the Constitution despite the amendment of schedule 9 of the Constitution of India by the Constitution (Seventeenth Amendment) Act. 1964?"
The case of the petitioners is that they were temporary cultivators of land situated in the Rajasthan Canal Area and became Khatedar tenants on the coming into force of the Rajasthan Tenancy Act. They further assert that their Khatedari rights cannot be extinguished by Section 15-A of the Rajasthan. Tenancy Act, which runs as follows:-
"15-A. Khatedari rights not to accrue in Rajasthan Canal Area.-- (1)Notwithstanding anything contained in Section 13 or in Sub-section (1)of Section 15 of this Act or in any other law for the time being in force, or in any lease, patta or other document, land in the Rajasthan Canal area leased out on any terms whatsoever shall be deemed to have been let out temporarily within the meaning of the proviso to the said subsection of the said Section 15 of this Act and no Khatedari rights shall accrue or shall be deemed ever to have accrued in any such land leased out as aforesaid. Provided that nothing in Sub-section (1) shall affect or apply to any person to whom Khatedari rights shall accrue in accordance with the provisions of the Rajasthan Colonisation (General Colony) Conditions, 1955 or any other statement of Conditions or Rules of Allotment and sale of Government land made in exercise of the power conferred by section 7 of the Rajasthan Colonisation Act. 1954 (Rajasthan Act 27 of 1954) or the rules for allotment of lands for Khudkasht in the Rajasthan canal area made under the Rajasthan Land Reforms and Resumption of jagirs Act 1952 (Rajasthan Act 6 of 1952 ). (2) Any person claiming that he possesses and is in eniovment of khatedari rights in any land referred to in Sub-section (1) because such land had been let out to him permanently before the commencement of this Act may within four years from the date of such commencement and on payment of a court-fee of twenty-five nave paise apply to the assistant Collector having jurisdiction praving for a declaration to that effect and the provisions of Sub-section (5) of Section 15 shall apply to such application. "
( 2 ) SECTION 15-A was inserted by Section 3 of Rajasthan Act No. 6 of 1958 published in the Rajasthan Gazette dated 17-3-58. It was amended by Act No. 35 of 1958 published in the Rajasthan Gazette dated 15-11-58, by Act No. 46 of 1958 published in the Rajasthan Gazette dated 24-12-58, by Act No. 7 of 1960 published in the Rajasthan Gazette dated 24-3-60 and by Act No. 5 of 1962 published in the Rajasthan Gazette dated 21-4-62.
( 3 ) IT was held by this Court in Jassuram v. State of Rajasthan. ILR (1962) 12 Rai 900 = (AIR 1963 Raj 72) that the above provision offended the guarantee given by the Constitution under Article 31 (2) and was ultra vires.
( 4 ) BOTH Article 31-A and the Ninth Schedule of the Constitution were amended by the Constitution (Seventeenth Amendment) Act. 1964. The following second proviso was added to Clause (1) of Article 31-A:--
"provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof. "
At the same time to the Ninth Schedule to the Constitution the following entry was added along with
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