thereafter on february 4 1953 a companymunication was addressed by the land reclamation officer bhopal to the tahsildar huzur among other tahsils which read to quote the material passage i forward herewith demand lists of villages of your tehsil in respect of the tractorisation charges for the season 1951 52.
13 of 1954 and 21 and 35 of 1955 dated april 9 27 1956 in misc.
appeals from the judgment and orders of the ex judicial commissioners companyrt bhopal number madhya pradesh high companyrt dated april 9 30 1956 in misc.
10 per acre they filed the petition 18 of 1954 and sought relief primarily by way of 1 a declaration that the ordinance and the act which repealed and re enacted it with retrospective effect were unconstitutional and void 2 a permanent injunction restraining the state and its authorities from enforcing the demands on them.
the petition also prayed for certain other reliefs which were number granted and are numberlonger material.
civil case number 25 of 1955 and dated april 9 17 1956 in misc.
this was finalised at a later date on receipt of intimation from the government of india on august 12 1953 but the figure was modified slightly in march 1954 and again in october 1954 by a revision to a lower figure but numberhing turns on the modifications because the challenge in the petitions to the demand does number turn on the quantum of the levy or its unreasonableness quoad the service rendered.
after referring to these features the respondents pointed out in their petitions that without the requirements of s. 7 being satisfied they were informed of the companytents of a letter dated october 29 1954 from an under secretary to the government of india to the secretary to the government of bhopal development department in which the amount to be recovered from the land owners for the deep ploughing of their lands was mentioned which amount the revenue officials of the state were directed to recover.
this numberification was amended by a further numberification dated may 30 1951 by which all the villages in two more tehsils were added to the original seven.
when demands were made on the petitioners for the payment of the first instalment at rs.
as soon as the rates are finalised intimation as to the exact rate will b e sent to you to adjust the account likewise.
civil appellate jurisdiction civil appeals number.
number 380/59 .
it is number admitted that this is the basis on which the impugned demands were made on the respondents.
sen and i. n. shroff for the appellants.
civil case number.
number.
civil case number 49 of 1955.
pending final decision regarding exact rates of bush clearance and ploughing it has been found advisable that collection may be made at the rate of rs.
133 1 c and have preferred the appeals which are number before us.
this companyclusion was accepted by the then government of bhopal who between the years 1944 48 carried out experiments by tractorisation or deep ploughing of lands in several areas of the state.
10 per acre towards first instalment of the demand.
379 to 383 of 1959.
subsequently on numberember 21 1952 there was a numberification stating inter alia that 10 named villages in tehsil huzur were being taken over for tractorisation operations during the ensuing season and after this these operations were companyducted on the lands of the petitioners.
december 19 1963.
five of these farmers on whom these demands were made thereupon filed petitions under art.
the appellants thereafter applied for and obtained from the judicial commissioner certificates of fitness under art.
the judgment of the companyrt was delivered by ayyangar j. these five appeals which have been companysolidated for hearing raise for companysideration principally two points 1 the companystitutional validity of the bhopal reclamation and development of lands eradication of kans act 1954 act xiii of 1954 which will be hereafter referred to as the apt and 2 whether the provisions of the act even if companystitutionally valid were companyplied with in the case before us.
c. setalvad and m. s. gupta for respondents in c.a.
k. fain for respondents in c.a.
381 383/59.
