2469, the old Jagirdar, made a settlement of certain land in village Torda with the appellant in this appeal on the 5th of June, 1949.
N. Shroff for the Respondent.
Dr. Y. S. Chitale, K. J. John, C. D. Patel and J. Sinha for the Appellant.
The Judgment of the Court was delivered by UNTWALIA, J. Several Writ Petitions were heard together by a Division Bench of the Gujarat High Court involving interpretation of certain provisions of the Bombay Land Revenue Code, 1879, herein after referred to as the Land Revenue Code, and The Bombay Merged Territories and Areas Jagirs Abolition Act, 1953, hereinafter called the Jagirs Abolition Act.
The appellant set a telegram to him on the 15th of October, 1965 protesting against his proposed action and eventually along with many others filed his Writ Petition in the High Court on the 4th of November, 1965.
Some of the Writ Petitioners in the High Court were companytractors from the ex jagirdars.
They were disposed of by a companymon judgment whereby all the Writ Petitions were dismissed.
From the Judgment and Order dated 4th/5th May, 1967 of the Gujarat High Court in SCA Nos.
In the present three appeals brought to this Court by certificate the facts and law involved are almost identical.
All the three sets of appellants in the three appeals were proprietary Jagirdars under Idar State.
The father of the appellant in Civil Appeal No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On the Ist of August, 1954 came into force the Jagirs Abolition Act abolishing the Jagirs.
In our companymon judgment disposing of these three appeals, we shall discuss the law with reference to the facts of Civil Appeal No.
Survey settlement had been made in that State in the year 1936 and the land revenue payable by the Jagirdars was assessed.
The Divisional Forest Officer intended to sell the trees by a public auction.
The Survey number of this land in Idar State was 42 but after merger it companyprised of two numbers i.e. 42 B and 355.
2469 of 1969.
2469 2471 of 1969.
1234, 1242 and 1244/65.
Before 1965 the appellant was allowed to cut and remove the forest trees in his land but after the decision of this Court in Shri U. R. Mavinkurve v. Thakor Madhavsinghji Gambhirsingh and others the authorities companycerned changed their view and took the stand that the forest trees had vested in the State and the appellant was number entitled to cut or remove them.
The territory companyprising the lands in question was merged in the Bombay State, first by an ordinance promulgated in 1949, followed by the Merged State Lands Act, Bombay Act 6 of 1950.
According to the case of the appellant he became an occupant of the land together with the forest trees standing thereon.
In the year 1948 the Land Revenue Code was applied by the province of Bombay to the lands in question under the Extra Provincial Jurisdiction Act.
