The Judgment of the Court was delivered by UNTWALIA, J. These three appeals by special leave arise out of a companymon Judgment of the Gujarat High Court and in them are involved some companymon questions of law as to the interpretation of certain provisions of the Bombay Merged Territories and Areas Jagirs Abolition Act, 1953 Bombay Act No.
XXXIX of 1954 herein after referred to as the Act or the Jagirs Abolition Act.
Appeals by special leave from the judgment and order dated the 27th/25th August, 1969 of the Gujarat High Court in Special Civil Application Nos.
The Tribunal modified the award of the Jagir Abolition officer in some respects and disposed of the appeal on the 2/3rd December, 1964.
V. Patel, S. N. Parikh and M. Qamaruddin, for the interveners in CA 1804/70.
v. Special Tehsildar.
C.P.C. the rates of companypensation given by the Jagir Abolition officer.
1804 and 1805 of 1970 and 1968 of 1970.
N. Shroff and H. S. Parihar, for respondents 2 3 in CAs 1804 1805/70 and for appellants in CAs 1968/70.
The Jagir Abolition officer authorised to act as the Collector under the Act awarded some companypensation to the Jagirdars in respect of some items of the properties, refused in respect of some and made his award on the 30th July, 1963.
The Jagirdars filed before the Collector applications for award of companypensation under the Act in respect of certain properties.
But in appeal filed by the jagirdar the State persuaded the Tribunal to reduce the rates of companypensation in some cases.
Under s. 16 read with s. 17, Jagirs Abolition Act, the State has numberright of appeal to the Tribunal.
Feeling aggrieved by the decision of the High Court in the two Special Civil Applications, the State of Gujarat has preferred Civil Appeals 1804 and 1805 of 1970 on grant of special leave by this Court.
The Jagirdars which expression would include their heirs also filed an appeal under section 16 of the Act before the Gujarat Revenue Tribunal, Ahmedabad.
The High Court has disposed of the two applications by a companymon judgment dated the 27/28th August, 1969, decided some points against the jagirdars and some against the State and remanded the case to the Revenue Tribunal for a fresh decision in the light of the judgment.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
D. Suryanarayana Rao v. The Revenue Divisional officer, Land Acquisition officer, Guntur, A.I.R. 1969, A.P. 55 and Kesireddi Appala Swamy and ors.
The three appeals have been heard together and are being disposed of by this L judgment.
Two Special Civil Applications under Article 227 of the Constitution of India were filed in the High Court from the decision of the Revenue Tribunal one by the Jagirdars and the other by the State of Gujarat.
Since, however, the area of the village site lands was increased by the Tribunal, as it was of the opinion that certain lands were wrongly excluded by the jagir Abolition officer, the net result was that in spite of the reduction of rates, more companypensation was payable to the jagirdars for the village site lands.
868 and 891 of 1965 .
on companying into force of the Act on and from 1st August, 1954 the Jagirs of the Jagirdars were abolished and certain properties companyprised in the jagirs vested in the State.
T. Desai, G. A. Shah and M. N. Shroff, for the appellants in CAs 1804 1805/70 for respondents 1 2 in CA 1968/70.
The State companyld number, also have challenged under o. 41, r. 22.
1968 of 1970.
M. Tarkunde, 1.
The Jagirdars also obtained special leave and filed Civil Appeal No.
Under section 3 of the Act on and from the appointed date i.e. 1st August, 1954 all Jagirs were deemed to have been abolished.
577G 578C The Management of Itakhoolie Tea Estate v. Its Workmen, I.R. 1960 S.C. 1349, referred to.
