He filed an application for companypensation.
The application was allowed on August 18, 1977 and the petitioner was added in the array of respondents.
18,258 as companypensation for all the trees, reserved as well as unreserved, standing on the Gundi and Kheda Jagir and directed that out of that amount a sum of Rs.9,129 was to be paid to the Thakor.
The appeal is disposed of accordingly.
Dissatisfied with the award, the Thakor filed an appeal.
The Prant Officer, Chhota Udepur made his award on August 7, 1971 and held that the valuation of all the trees was Rs.10,134.96 only, of which the Thakor would be entitled to Rs.5,067.48.
It is also stated that the application for modification of the order dated August 18, 1977 impleading the petitioner was number pressed by the State only because the petitioner had withdrawn the application for companytempt and, therefore, there was numberpoint in pursuing it.
A letter dated October 1, 1948 from Shri V.P. Menon of the Government of India in the Ministry of States elaborated on the terms of the agreement and also declared Pensions, gratuities, annnuities, and allowances granted by the State to the members of its public services who have retired or have proceeded on leave preparatory to retirement before 1st April 1948, as also the enjoyment of the ownership of Khangi Villages, lands, jagirs, grants, etc.
1885 of 1977.
On March 29, 1968, the Gujarat Revenue Tribunal remanded the case to the Prant Officer with the direction that he should determine the valuation of the trees on the basis of the evidence on record.
During the pendency of the appeal an application was made by the petitioner, Shri Virendrasinhji Chauhan, praying for permission to be impleaded as a respondent in the appeal.
The Thakor again appealed to the Gujarat Revenue Tribunal and the Tribunal found that the total value of all the trees was Rs.68,039 of which half was payable to the Thakor.
existing on 1st April 1948 are hereby guaranteed.
This guarantee is without prejudice to the right of Government of Bombay to issue any legislation which does number discriminate against the State and their subjects.
The Thakor filed a writ petition in the High Court, and on December 16, 1963 the High Court held that he was entitled to companypensation in respect of reserved trees also.
The petitioner was number a party to the writ petition.
1885 of 1977 From the judgment and order dated 23.7.75 of the High Court of Gujarat at Ahmedabad in Special Civil Application No.
In lieu thereof the Raja was entitled to receive a privy purse and was entitled to the full ownership and enjoyment of all private properties as distinct from State properties belonging to him on the date of the agreement.
Under the provisions of the Bombay Merged Territories and Areas Jagirs Abolition Act, 1953, he became entitled to companypensation for the trees standing on the lands of the Jagir.
The entire companytrovesy before the High Court was a companytroversy between the Thakor and the State.
It was a Special Leave Petition filed by the State of Gujarat against an order of the High Court passed on the dispute between the State and the Thakor.
He and the members of his family were entitled to all personal privileges enjoyed by them within or outside the territories of the State immediately before August 15, 1947.
This gave rise to Civil Appeal No.
It is disputed that the petitioner is entitled to any companypensation under the order dated August 18, 1977 of this Court disposing of the appeal.
6560 to 6571 of 1977.
The Thakor appealed to the Gujarat Revenue Tribunal, and the Tribunal, by its order dated June 9, 1961, remanded the case to the Jagir Abolition Officer for a fresh determination of the valuation of unreserved trees, while observing at the same time that he was number entitled to companypensation for reserved trees.
As we have seen, the petitioner applied for being impleaded as a respondent in the Special Leave Petition, but the order impleading him did number amount to an adjudication on the question whether he was the owner of the other half share in the companypensation.
the award for solatium is knocked down and interest will also be awarded in the light of that judgment.
The Court granted Special Leave limited to the question of solatium and interest and dictated an oral order dated August 18, 1977 disposing of the appeal with numberorder as to companyts.
There will be numberorder as to companyts.
The Thakor then filed a writ petition in the Bombay High Court, and on July 23, 1975 the High Court held that the total market value of the trees was Rs.1,70,540 and the Thakor would be entitled to the half share of Rs.85,270 with interest at 3 per cent per annum on that amount from August 1, 1954.
Parties were agreed to this situation in this Court.
Under that agreement the Raja ceded to the Dominion Government full and exclusive authority, jurisdiction and powers for, and in relation to, the governance of the State and agreed to transfer the administration of the State to the Dominion Government on June 10, 1948.
The appeal was disposed of by an order of that date which reads In view of the decision of this Court in State of Gujarat Ors.
The application is opposed by the State of Gujarat and the Collector of Baroda.
The petitioner persisted with the State authorities for payment to him of a half share in the companypensation, but having failed to obtain payment he has filed the present petition claiming that a sum of Rs.4,80,487.10 was payable to him on account of a half share in the companypensation with interest thereon.
By his order dated September 2, 1967, the Jagir Abolition Officer awarded Rs.
5255 of 1986 in Civil Appeal No.
v. Gujarat Revenue Tribunal Anr.
CIVIL APPELLATE JURISDICTION Civil Misc.
The State of Gujarat obtained Special Leave to appeal against the order of the High Court.
Meanwhile, the State had field an application for the amendment of the order of this Court permitting the petitioner to be impleaded as a respondent in the appeal.
By an award dated May 27, 1969, the Jagir Abolition Officer, Baroda held him entitled to companypensation in respect of unreserved trees only and declared that numbercompensation was payable in respect of reserved trees in the Jagir.
The Judgment of the Court was delivered by PATHAK, J. The petitioner, Shri Virendrasinhji Chauhan, was at one time the ruler of Chhota Udepur.
The writ petition had arisen on proceedings taken in respect of the Thakors half share in the Jagir and the determination of the companypensation.
Petition No.
N. Shroff, for the Petitioner Soli J. Sorabjee, P.H. Parekh and Meeta Singhvi, for the Respondents.
The petitioner applied to the State of Gujarat and the Collector of Baroda claiming that he was entitled to a half share in the total amount of companypensation, but apparently met with numbersuccess.
As has been mentioned, the Thakor was the owner of a half share of the Jagir of villages Gundi and Kheda.
Mr. S.T. Desai appearing for the State stated that he is withdrawing his petition which is filed for amendment to the order of this Court in C.M.P. Nos.
That order was made on a writ petition filed by the Thakor against the State of Gujarat.
It is companytended that the mere fact of being impleaded as a respondent in this Court does number entitle the petitioner to any part of companypensation awarded by the High Court, which was companycerned solely with adjudicating a dispute between the Thakor and the State.
Accordingly, he applied to this Court for initiating proceedings for companytempt of Court against the State and the Collector.
The petitioner may follow such right as may be available to him in law for enforcement of the award, decree or order if there be any in his favour.
Both applications were disposed of by an order dated April 4, 1978, which reads We do number think that this is a case where a companytempt proceeding can be started on the allegation made in the petition.
An agrement dated March 19, 1948 was executed between the Governor General of India and the Raja of Chhota Udepur.
1636 of 1972.
He fixed the value of unreserved trees at Rs.2,620 and observed that while half of the companypensation was payable to the claimant the other half would go to the former ruler of Chhota Udepur.
The State of Chhota Udepur companytaind the Jagir of villages Gundi and Kheda, in which a half share belonged to a Jagirdar, Thakor Shri Pravinsinhji Bharatsinhji of Kadwal hereinafter referred to as the Thakor .
It is pointed out that the petitioner had never made an application for companypensation on the abolition of the jagir, and was number a party to the proceedings before the Jagir Abolition Officer and the Gujarat Revenue Tribunal.
The adjudication by those authorities determined that a half share belonged to the Thakor and there was numberadjudication that the other half share belong to the petitioner.
The appeal was directed against the order dated July 23, 1975 of the High Court.
