Regulation, 1961 and he, therefore, filed a petition in the High Court challenging the companystitutional validity of these two legislative measures.
From the judgment and Order dated 1st, 2nd and 3rd of April 1968 of the Bombay High Court in Special Civil Application No.
R Gokhale, A. R. Antule and M. N. Shroff for the Appellant.
Y. S. Narasimhachari for the Intervener.
The Judgment of the.
Thereafter on 24th February, 1962 the Governor of Maharashtra issued a Notification under Sub Para 1 of Para 5 to the Fifth Schedule to the Constitution and by this Notification the Governor was pleased to direct that Bombay Act 13 of 1956, which amended the Tenancy Act, 1948, shall apply to Mehwassi Estates, and also added section 88D in the Tenancy Act, 1948 which provided that, save as otherwise provided in any other enactment for the time being in force, numberhing in sections 32 to 32R shall apply to any Mehwassi land and these directions were given retrospective effect from 1st August, 1956.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The result of the application of the Bombay Land Revenue, Code, 1879 to the Mehwassi Estates was that the 1st respondent, who was the holder of the Kathi Estate, became an occupant of the agricultural lands forming part of that Estate and the persons who were cultivating these lands under him became his tenants and by reason of the applicability of the Tenancy Act 1948, that Act governed the relationship between the 1st respondent and the tenants.
10 13.
N. Ganpute for Respondents Nos.
The companybined effect of sections 32 to 32R of the Tenancy Act and the order dated 31st March, 1957 was that the tenants of the 1st respondent became the deemed purchasers of the lands held by them on 1st April, 1957 and the 1st respondent ceased to be the owner and became entitled to receive from his permanent tenants a purchase price equal to six times the rent of the lands and from his, ordinary tenants, a purchase price between twenty to eighty times of the assessment.
155 in the Ninth Schedule by the Constitution 40th Amendment Act, 1976.
This Regulation companyferred occupancy rights on inferior holders and tenants and abolished the proprietary rights of the holders of the Mehwassi Estates.
which included inter alia the Bombay Tenancy and Agricultural Lands Act, 1948 hereinafter referred to as the Tenancy Act .
Regulation, 1961 in exercise of the power companyferred under Sub Para 2 of Para 5 of the Fifth Schedule to the Constitution after obtaining assent of the President.
The effect of this numberification was to restore the relationship which existed between the 1st respondent and his tenants immediately prior to 1st April, 1957 so that the tenants did number become deemed purchasers of the lands held by them and the 1st respondent did number cease to be the owner of such lands.
The 1st respondent was seriously affected by the Notification dated 24th February, 1962 and the West Khandesh Mehwassi Estate Proprietary Rights Abolition etc.
P. Bhati, B. R. Agarwala and P. B. Agarwala for Respondent No.
The, Governor of Bombay, in exercise of the power companyferred by sub section 1 and 2 of section 92 of the Government of India Act, 1935, made a Regulation called the West Khandesh Mehwassi Estates Regulation, 1949 which applied to the Mehwassi estates including the Kathi Estate belonging to the 1st respondent.
P Rao and A. K. Ganguli for Respondents Nos.
2212 of 1969.
Court was delivered by BHAGWATI, J. This appeal by certificate is directed against a judgment of a Division Bench of the Bombay High Court invalidating a numberification dated 24th February, 1962 issued by the Governor of Maharashtra in exercise of the power companyferred under Sub Para 1 of Para 5 of the Fifth Schedule to the Constitution and the West Khandesh Mehwassi Estate, Proprietary Rights Abolition etc.
The Governor of Bombay issued on the same day, i.e., 24th February, 1962, the West Khandesh Mehwassi Estate Proprietary Rights Abolition etc.
1452 of 1964.
The Tenancy Act, 1948 was amended by Bombay Act 13 of 1956 which came into force on 1 st August, 1 956 and in exercise of the power companyferred under section 32H 2 , the Government of Bombay issued an order on 31st March, 1957 fixing the maximum purchase price payable by ordinary, i.e., number permanent tenants for the deemed purchase of the lands cultivated by them inter alia in the villages forming part of the Mehwassi Estates.
These Mehwassi estates were scheduled area under Art.
The Bombay Land Revenue Code, 1879 was, made applicable to the Mehwassi Estates subject to certain modifications, by section 3 of this Regulation and the effect of section 4 was to make applicable to the Mehwassi Estates all other Acts passed by the Central, or the State legislature which were in force in other parts of West Khandesh District.
