Back
HIGH COURT OF RAJASTHAN
D. M. BHANDARI, B. P. BERI, JJ.
Jassuram
Versus
State of Rajastan
Civil Writ Petn. Nos. 556 of 1961, 277, 278, 345 of 1960, 402, 550, 551, 557 to 560, 569 to 571, 594 to 597, 606, 608 to 612, 619 of 1961, 4, 10, 17, 24 to 27, 30 to 33, 36 to 41, 53, 76, 152, 153, 159, 162, 176, to 180, 324, 325, 348, 403, 532, 533, 535, 201 to 203, 212, 213, 233 to 246, 272, 228, 253, 266, 267 and 285 of 1962
Decided On : 18-07-1962
RAJASTHAN TENANCY ACT - SECTION 15A - CONSTITUTIONALITY - PROPERTY RIGHTS - COMPENSATION - RAJASTHAN CANAL AREA - TEMPORARY LEASE - KHATEDARI RIGHTS - ACQUISITION AND DEPRIVATION - ARTICLE 31 OF THE CONSTITUTION OF INDIA - INTERPRETATION AND APPLICATION.
Fact of the Case:
The petitioners, tenants in Tehsil Nohar, Rajasthan, challenged the validity of Section 15A of the Rajasthan Tenancy Act, 1955, which retrospectively deemed certain lands leased out in the Rajasthan Canal area as temporarily let out, thereby depriving them of their acquired Khatedari rights without compensation. The petitioners argued that this violated Articles 31 and 19 of the Constitution of India.
Finding of the Court:
The court held that the Khatedari rights enjoyed by the petitioners constituted property within the meaning of Article 31 of the Constitution, as they included various rights such as undisturbed possession, heritability, transferability, and the right to make improvements. The court rejected the State's argument that the legislature could take away these rights since they were conferred by the Act itself, as the guarantee under Article 31 protects citizens from deprivation of property without due process.
Issues: 1. Whether the Khatedari rights enjoyed by the petitioners constituted property within the meaning of Article 31 of the Constitution of India? 2. Whether the legislature could take away the Khatedari rights conferred by Section 15 of the Rajasthan Tenancy Act, 1955? 3. Whether the retrospective application of Section 15A of the Act, deeming certain lands as temporarily let out, violated Article 31(2) of the Constitution by depriving the petitioners of their property without compensation?
Ratio Decidendi: 1. The court held that the Khatedari rights enjoyed by the petitioners constituted property within the meaning of Article 31 of the Constitution, as they included various rights such as undisturbed possession, heritability, transferability, and the right to make improvements. These rights were considered essential attributes of proprietary rights. 2. The court rejected the State's argument that the legislature could take away the Khatedari rights conferred by Section 15 of the Rajasthan Tenancy Act, 1955, as the guarantee under Article 31 protects citizens from deprivation of property without due process. The court held that the legislature cannot take away property rights except in accordance with law, which satisfies the requirements of Article 31(2) of the Constitution. 3. The court held that the retrospective application of Section 15A of the Act, deeming certain lands as temporarily let out, violated Article 31(2) of the Constitution by depriving the petitioners of their property without compensation. The court noted that the Act did not provide for any compensation in such cases and that the State had not conferred any land or cash compensation on the petitioners in exchange for their lost rights.
Final Decision: The court declared Section 15A of the Rajasthan Tenancy Act, 1955, ultra vires of the Constitution and ordered the State not to interfere with the Khatedari rights enjoyed by the petitioners in the specified fields. The court also directed the State to pay the petitioners' costs. The other writ petitions were dismissed in light of the State's assurance to examine the petitioners' cases afresh and not charge Malkana (fee for temporary cultivation) from those who had Khatedari rights.
BHANDARI, J. :- These 85 writ petitions are disposed of by this judgment as they are similar on facts and common questions of law arise for consideration in all of them.
2. All the petitioners claim to be tenants in Tehsil Nohar, which formed part of the former Bikaner State before the State of Rajasthan was formed. Until the repeal of the Bikaner State Tenancy Act (Act No. II of 1945 (hereinafter called the Bikaner Tenancy Act) by the Rajasthan Tenancy Act (Act No. Ill of 1955 (herein, after, called the Act) which came into force on the 15th October 1955, the status of the petitioners as tenants was governed by the provisions of the Bikaner Tenancy Act. So far as the State lands (sic) were concerned, that Act recognised occupancy tenants, Khatedar tenants, tenants for fixed terms and the tenants who did not fall in these three classes. That law also recognised occupancy tenants in respect of private lands.
The common case of the petitioners is that they were tenants of the one kind or the other under the Bikaner Tenancy Act, and by virtue of the Section 15 of the Act they became Khatedar tenants enjoying rights conferred under the Act and their Khatedari rights were taken away by the State under Section 15A, which was inserted by section 3 of the Rajasthan Tenancy Amendment Act of 1958 in the Act. These sections so far relevant, stand as follows, after undergoing various amendments :
Section 15 :- "(1) Subject to the provisions of section 16 and clause (d) of sub-section (1) of section 180 every person who, at the commencement of this Act, is a tenant of land otherwise than as sub-tenant or tenant of Khudkasht or who is after the commencement of this Act, admitted as a tenant otherwise than as a sub-tenant or a tenant of Khudkasht or an allottee of land under, and in accordance with rules made under section 101 of the Rajasthan Land Revenue Act 1956 (Rajasthan Act 15 of 1956) or who acquires khatedari right in land in accordance with the provisions of this Act or of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, (Rajasthan Act VI of 1952) or of any other law for the time being in force shall be a khatedar tenant and shall, subject to the provisions of this Act be entitled to all the rights conferred, and be subject to all the liabilities imposed on Khatedar tenants by this Act.
Provided that no Khatedari rights shall accrue under this section to any tenant to whom land is or has been let out temporarily in Gang Canal Bhakra, Chambal or Jawal project area, or any other area notified in this behalf by the State Government.
(2) ... ... ... ... ...
(3) ... ... ... ... ...
(4) ... ... ... ... ...
(5) ... ... ... ... ...
"15-A (1) Notwithstanding anything contained in S. 13 or 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 sub-section 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."
(2) .... .... ...."
It is not in controversy that Section 15A, as it stands now, is retrospective in operation and applies even to those persons who had acquired khatedari rights before this section was inserted.
3. In all these writ petitions, the petitioners have challenged the validity of section 15A of the Act on the ground that it offends Articles 31 and 19 of the Constitution of India, as the Khatedari rights, which had vested in the petitioners, have been taken away by the State without payment of any compensation.
4. Prior to the enactment of the Act the tenancy rights enjoyed by the petitioners in the land in which they claimed to be in possession were of diverse nature. It will be proper to focus our attention to one individual case in order to see what rights the petitioner in t
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
