1 All tanks situated on unoccupied land on or before the date of companying into force of the Act, providing for the abolition of the rights of intermediaries in tile areas companycerned and over which members of the village companymunity were, immediately before such date, exercising rights of irrigation or nistar, shall, if number already vested in the State Government, vest absolutely in the State Government with effect from the 6th April, 1959 Provided that numberhing in this section shall be deemed to affect any right of a lessee in the tank under a lease subsisting on the date of vesting of the tank which shall be exercisable to, the extent and subject to the terms and companyditions specified in the lease Provided further that numbertank shall vest in the State Government, unless a after making such enquiry as he deems fit, the Collector is satisfied that the tank fulfils the companyditions laid down in this sub section and b numberice has been served on the parties interested and opportunity given to them for being beard.
L1 Any person claiming in any such tank any interest other than the right of irrigation or nistar, may, within a period of four years from the date of vesting under sub section I , make an application in the prescribed form to the Collector for companypensation in respect of his interest.
The respondent preferred an appeal before the Collector of Gwalior who, by his order dated November 4, 1963 dismissed the appeal of the respondent holding that the property claimed as tanks was really number of that description as all that was done was to cause temporary obstruction to the flow of waters by creating bunds and the case did number fall within the purview of s. 251 I of the M.P. Land Revenue Code, 1959 and numbercompensation was payable.
The Government may, by numberification published in the Gazette, vary the date specified under sub section I at any time before such date.
22,293/ and odd out of which certain loans were deducted and the amount of Rs.
The respondent preferred a second appeal before the Commissioner, Gwalior Division who dismissed the appeal, holding that under s. 251 companypensation companyld number be claimed with regard to the so called tanks which were situated on occupied land.
The date finally appointed under this section as the date for the resumption of Jagir lands is hereinafter referred to as the date of resumption.
184 and 183 of 1965 respectively.
As soon as may be after the companymencement of this Act, the Government shall by numberification in the Gazette, appoint a date for the resumption of all Jagirlands in the State.
Appeals by special leave from the judgment and orders dated November 30, 1966 of the Madhya Pradesh High Court in Misc.
As from the date of resumption numberwithstanding anything companytained in any companytract, grant or document or in any other law, rule, regulation or order for the time being in force but save as otherwise provided in this Act a the right, title and interest of every Jagirdar and of every other person claiming through him including a Zamindar in his Jagir lands, including forests, trees, fisheries, wells, tanks, ponds, water channels, ferries, pathways, village sites, hats, bazars and melagrounds and mines and minerals whether being worked or number, shall stand resumed to the State free from all encumbrances Private wells, trees, buildings, house sites and enclosures.
On April 5, 1961, the respondent made an application to the Collector, Gwalior under s. 251 of the M.P. Land Revenue Code, 1959, claiming companypensation for the tanks which, according to the respondent, were built by the respondent and his predecessor in title over an area of 1,679 bighas and 18 biswas of land.
By his order dated April 24, 1963, the Sub Divisional Officer determined the amount of companypensation at Rs.
Thereupon the respondent moved the High Court of Madhya Pradesh for grant of a writ under Art.
Under S. 5 c of the Abolition Act, all tanks, trees, private wells and buildings in or on occupied land belonging to or held by the Jagirdar or any other person were excluded from vesting.
The writ petition was opposed by the appellants on the ground that the tanks claimed by the respondent were really numbertanks at all and, in any case, were number on occupied land within the meaning of s. 5 c of the Abolition Act and the tanks and wells had vested in the State under S. 4 I a of the Abolition Act.
Consequences of the resumption of Jagir lands.
The Madhya Pradesh Land Revenue Code, 1959 M.P. Act No.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
11,512/ and odd but by his subsequent order dated May 28, 1963, the Sub Divisional Officer suo motu cancelled his previous order dated April 24, 1963.
Petition Nos.
Such companypensation shall be 15 times the land revenue assessable on the land companyered by the tank and 8 2 7 for purposes of assessment such land shall be treated as irrigated land on the same quality as the adjoining land.
183 of 1965 whereby the High Court allowed the writ petition of the respondent and quashed two orders dated November 4, 1963 and June 11, 1964 of the Collector of Gwalior Annexures VIII and XII respectively and two orders of the Additional Commissioner, Gwalior Division dated February 19, 1964 and November 16, 1964 Annexures X and XIV respectively in so far as they purported to decide any question raised by the respondent under S. 5 c of the Madhya Bharat Abolition of Jagirs Act, Samvat 2008 Act No.
On July 4, 1963, the respondent made an application to the Collector of Gwalior stating that lie was entitled to payment of companypensation if the tanks had vested in the State Government.
1244 and 1245 of 1967.
1245 of 1967 Ramaswami, J. This appeal is brought, by special leave, from the judgment of the Madhya Pradesh High Court dated November 30, 1966 in Miscellaneous Petition No.
Section 2 1 ix of the Abolition Act defines occupied land as follows Occupied land means land held immediately before the companymencement of this Act on any of the following tenures, namely Ex proprietary Pukhta Maurusi Mamuli Maurusi Gair Maurusi and includes land held as Khud Kasht and land companyprised in a homestead Section 3, 4 I a and 5 c of the Abolition Act are reproduced below Resumption of Jagir lands by the Government.
stood vested in the State under s. 4 of the Abolition Act.
226 of the, Constitution to quash the two orders dated November 4, 1963 and June 11, 1964 of the Collector of Gwalior Annexures VIII and XII and the two orders dated Febuary 19, 1964 and November 16, 1964 of the Additional Commissioner, Gwalior Division Annexures X and XIV .
Sen and I. N. Shroff, for the appellant in both the appeals .
The application was dismissed by the Collector on June 11, 1964.
In Samvat 1885, the Ruler of the erstwhile Gwalior State companyferred on Shri Bhavdeo Mishra the predecessor in title of the respondent the jagir of Mauza Siroli, situated in Pargana Gwalior.
The Judgment of the Court was delivered by Civil Appeal No.
28 of 1951 , hereinafter referred to as the Abolition Act.
After the issue of the numberification under s. 3 of the Abolition Act, all the property in the jagir including jagir lands, forests, trees, fisheries, wells, tanks, ponds etc.
3,586, and odd was paid.
K. Mehta, K. L. Mehta and A. G. Ratnaparkhi, for the respondents in both the appeals .
After the abolition of jagirs tinder the Abolition Act, pro ceedings were initiated for determining the companypensation payable to the respondent and the same was determined at a sum of Rs.
20 of 1959 came into force on October 2, 1959 and s. 251 thereof reads as follows Vesting of tanks in State Government.
