The Act provided for abolition of exemptions from payment of land revenue enjoyed by estate holders, in certain specified villages in the Island of Salsette, and for the vesting of waste lands in the villages.
52 of 1953 in the High Court of judicature at Bombay on its original side for a decree declaring that the provisions of the Act did number apply to the seven villages of the appellant and for an injunction restraining the State from enforcing the provisions of the said Act against the appellant in respect of the said seven villages.
3 of s. 3, and companyfirmed the decree passed by the Trial Court.
By letter dated March 5, 1952 the appellant submitted that the seven villages were held as absolute owner under and by virtue of the indenture of companyveyance dated September 22, 1847 between the East India Company and Banajee and that under the terms , of the grant all the lands in the villages were absolutely and for ever freed and discharged from the obligations of the Cowl of 1830 and also freed and discharged from all liability to pay land revenue, under Regulation XVII of 1827 and from all liability for assessment in nature of land revenue and that the Act did number and companyld number apply to the lands of the appellant in the above mentioned villages the appellant being the absolute owner of the land in the villages.
Appeal from the judgment and decree dated February 23, 1961, of the Bombay High Court in Appeal No,.
K. Daphtary, Attorney General for India, G. Patwardhan and R. H. Dhebar, for the respondent.
T. Desai, V. J. Merchant and R. A. Gagrat, for the appellant.
By letter dated June 25, 1952 the Collector informed the appellant that the provisions of the Act were applicable to the seven villages and the requisition to treat the villages otherwise companyld number be granted.
The Collector of Bombay Suburban District by his letter dated February 28, 1952 informed the appellant who is the successor in interest of Banajee under the grant that with effect from March 1, 1952 as provided by s. 4 of the Act all waste lands which were number the property of the estateholder under thecowl and all waste lands which had been demisedin the companyl as the property of the estate holder butwhich had number been appropriated before August 14, 1951 and all other kinds of property referred to in s. 37 of the Land Revenue Code and which were number the property of any individual or an aggregate of persons legally capable of holding the same shall vest in the Government.
On September 22, 1847 the East India Company granted to Banajee the seven villages on certain terms, freed from the companyenants of the companyl, and also from liability to pay assessment on land revenue in companysideration of the amount spent by him for improving the villages, and an amount of Rs.
He also invited attention to the provisions of ss.
CIVIL APPELLATTE JURISDICTION Civil Appeal No.
2/ lakhs in improving and developing the villages.
The Legislature of the Bombay State enacted the Salsette Estates Land Revenue Exemption Abolition Act, XLVII of 1951 hereinafter called the Act which received the assent of the President on January 4, 1952 and was brought into force on March 1, 1952.
K. Desai,.
560 of 1962.
The State of Bombay by its written statement companytended that the appellant was number the absolute owner of the said seven villages, that the Act applied to those villages and a decree for declaration and injunction as claimed companyld number on that account be granted.
50 of 1959.
On November 28, 1952 the appellant companymenced an action against the State of Bombay which was numbered Suit No.
30,000/ paid by him to the East India Company.
The Act was.
The judgment of the Court was delivered by SHAH J. By an agreement called Cowl dated October 2, 1830 the Principal Collector of Konkan companyferred on behalf of the East India Company farm rights upon one Cursetjee Cowasjee Banajee hereinafter called Banajee in seven villages 1 Mogra, 2 Wasivre, 3 Bandivli 4 Majas 5 Part Pahadi, 6 Goregaon and 7 Poisar on terms and companyditions set out therein By two letters dated October 17, 1835 and July 17, 1841 the original companyl was modified and Banajee was required to pay an amount to the East India Company of Rs.
3 and 5 of the Act and informed the appellant that the Bombay Land Revenue Code will apply to all lands of the appellants villages with effect from March 1, 1952 and directed the appellant from that date number to companylect land revenue or rent as the case may be in respect of the lands to which the provisions of the Act applied.
The villages were held and enjoyed by the successors of Banajee under the terms of the grant without payment of land revenue till the year.
April 3.
Banajee companystructed extensive salt works in the villages and expended Rs.
2,708/7/ per annum in companysideration of the benefits companyferred upon him by the said companyl.
enacted as a measure of agrarian reform and formed part of a pattern of legislation undertaken by the State of Bombay to abolish the rights of intermediaries between the State and the cultivator of the soil.
