1984 Supreme(Raj) 532
RAJASTHAN HIGH COURT
M.C.Jain, J.
Ved Prakash - Appellant
Versus
State of Rajasthan & Ors. - Respondent
S.B.C.W.P. No. 602 of 1984 and 66 other writ petitions.
Decided On : 7-12-1984
Section 13 of the Colonisation Act is applicable to the lands of the petitioners as no right or interest has been vested in them by or under the Colonisation Act.
Headnote:
JUDGMENT 1. - The writ petitions listed in Schedule-I raise same common questions of law, so they are being disposed of by this common order. 2. The petitioners are the transferees of the land situated in the Rajasthan Canal Project Area. The transfers by sale had been effected in their favour by the transferors to whom the lands were allotted under the Rajasthan Land Reforms and Resumption of Jagirs (Concessions for Khudkasht in Rajasthan Canal Project Area) Rules, 1963 (hereinafter referred to as the Rajasthan Concession Rules) framed under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to 'as the Jagir Act'). The transferors had acquired khatedari rights in the lands allotted to them.
Fact of the Case:
The petitioners are the transferees of the land situated in the Rajasthan Canal Project Area. The transfers by sale had been effected in their favour by the transferors to whom the lands were allotted under the Rajasthan Land Reforms and Resumption of Jagirs (Concessions for Khudkasht in Rajasthan Canal Project Area) Rules, 1963 (hereinafter referred to as the Rajasthan Concession Rules) framed under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to 'as the Jagir Act'). The transferors had acquired khatedari rights in the lands allotted to them.
Finding of the Court:
In the light of my conclusion on the contention advanced before me, all the writ petitions deserve to be dismissed.
Issues: 1. Whether Section 13 of the Colonisation Act is applicable to the lands of the petitioners? 2. Whether Section 13 of the Colonisation Act is violative of Article 14 of the Constitution? 3. Whether Section 13 (1) places an unreasonable restriction on the right to acquire, hold and dispose of the property and the restriction is absolute as no transfer can be effected without the consent in writing of the Collector? 4. Whether Section 13 offends Article 31 of the Constitution as it existed prior to its deletion?
Ratio Decidendi: 1. Section 13 of the Colonisation Act is applicable to the lands of the petitioners as no right or interest has been vested in them by or under the Colonisation Act. 2. Section 13 of the Colonisation Act is not violative of Article 14 of the Constitution as sufficient guidelines have been provided under the various Conditions and the Rules. 3. Section 13 (1) does not place an unreasonable restriction on the right to acquire, hold and dispose of the property as the restriction is in the interest of general public and is not excessive or arbitrary. 4. Section 13 does not offend Article 31 of the Constitution as it existed prior to its deletion as the rights in the land have arisen to the tenants subject to certain conditions and if condition is breached, the tenancy will come to an end and the State as a landholder can evict the tenant and re-enter the land.
Final Decision: All the writ petitions fail and are hereby dismissed with no order as to costs.
JUDGMENT
1. - The writ petitions listed in Schedule-I raise same common questions of law, so they are being disposed of by this common order.
2. The petitioners are the transferees of the land situated in the Rajasthan Canal Project Area. The transfers by sale had been effected in their favour by the transferors to whom the lands were allotted under the Rajasthan Land Reforms and Resumption of Jagirs (Concessions for Khudkasht in Rajasthan Canal Project Area) Rules, 1963 (hereinafter referred to as the Rajasthan Concession Rules) framed under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to 'as the Jagir Act'). The transferors had acquired khatedari rights in the lands allotted to them. Hjwever the transfers were effected without the consent in writing of the Collecter. The Colonisation Authorities in view of Section 13 of the Colonisation Act, 1954 (hereinafter referred to as the Act), considered the transfers to be void, so after the amendment of section 13 called upon the transferees to move an application to regularise the transfers by making payment of price as directed in the notice failing which it was stated that the proceedings for eviction would be initiated under section 13(2) of the Colonisation Act. The petitioners have challenged the applicability and constitutionality of section 13 of the Colonisation Act.
3. The petitioners' case is that the provision of section 13 of the Colonisation Act is not applicable to the lands of the petitioners as no rights or interests have been vested in them by or under the provisions of the said Act. The petitioner' predecessors were allotted the lands being Ex-Jagirdars whose Jagirs had been resumed under the Jagir Act and the Rules framed thereunder. Although. the General Colony Conditions, 1955 were made applicable to such allotment of the lands to Ex-Jagirdars, but on account of their applicability, it cannot be said that the Ex-Jagirdar were allotted the lands under the Colonisation Act and that their rights were subjected to the provisions thereof. I need not state the grounds of attack as the same will be considered hereafter while dealing with the arguments advanced on behalf of the petitioners.
4. On behalf of the petitioners the main arguments were advanced by Shri B.L. Purohit Advocate and Shri A.K. Mathur, Addl. Advocate General has opposed the writ petitions on behalf of the respondents.
5. Before dealing with the contentions advanced in these writ petitions on the applicability of section 13 of the Colonisation Act it would be proper to take into account the relevant law. The Jagir Act in Chapter Ill made the provisions for conferment of khatedari rights in the Jagir lands. So far as the khudkasht land of the Jagirdar is concerned, section 10 provided that the khudkasht land of the Jagirdar shall be deemed to be held by the Jagirdar as a khatedar tenant from the date of resumption of the Jagir land and shall be assessed at the village rate.
6. Section 2 clause (i) of the Jagir Act defined the word "Khudkasht" to mean any land cultivated personally by a Jagirdar and includes (i) any land recorded as Khudkasht. Sir. Hawala in settlement records and (ii) any land allotted to a Jagirdar as Khudkasht under Chapter IV.
7. Chapter IV of the Jagir Act made the provisions for Khudkasht. Under section 14 of this Chapter, an application could be made by the Jagirdar, who does not hold any Khudkasht land or who holds Khudkasht less in the area than the maximum area as specified in section 18 within the time as prescribed in that provision. Section 16 provided for allotment of the Khudkasht by the Commissioner of the Khudkasht land, or the Collector. Section 18 provided for maximum area of the Khudkasht. Section 19 of the Act related to the categories of the lands that may be allotted as Khudkasht and category (VI) was in respect of the land commanded by the Bhakra and Chambal Project or by Jawai Bandh or by any other irrigation project provided th
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