1962 (11) TMI 73 - SC - Indian Laws

Summary

Issues Involved:
1. Constitutionality of the Orissa Estates Abolition (Amendment) Act.
2. Sovereign status of the appellants.
3. Definition and applicability of 'estate' and 'intermediary' under the Act.
4. Alleged discrimination and violation of constitutional rights.

Detailed Analysis:

1. Constitutionality of the Orissa Estates Abolition (Amendment) Act:
The appellants challenged the constitutionality of the Orissa Estates Abolition (Amendment) Act (Orissa XVII of 1954), which amended the main Act, the Orissa Estates Abolition Act (Orissa I of 1952). The High Court of Orissa had previously upheld the constitutionality of the Act, rejecting the appellants' claims that it was discriminatory and violated Article 14 of the Constitution. The Supreme Court concurred with the High Court's findings, reaffirming that the Act was not void under Article 254(1) of the Constitution.

2. Sovereign Status of the Appellants:
The appellants, two Zamindars, claimed sovereign status over their lands, arguing that their ancestors were sovereign chiefs who had only paid tribute (Takoli) to the Raja of Gangpur. The High Court found that the appellants' ancestors had gradually surrendered their sovereign rights and had become subjects of the Ruler of Gangpur. The Supreme Court agreed with this conclusion, noting that by the time of the merger of Gangpur State with the State of Orissa in 1948, the appellants had lost all vestiges of sovereignty. The Court emphasized that sovereignty could be lost through a historical process, even without a formal act of conquest or agreement.

3. Definition and Applicability of 'Estate' and 'Intermediary' Under the Act:
The amended definitions of 'estate' and 'intermediary' under Sections 2(g) and 2(h) of the Act were central to the case. The Supreme Court held that the broad definitions provided in the amended Act were designed to include the appellants' lands within the purview of the Act. The Court found that the appellants were intermediaries as they held an interest in land between the Raiyat and the State. The payment of Takoli was considered land revenue, bringing their lands within the definition of 'estate'. The Court dismissed the argument that the appellants' lands were not 'estates' as defined in Article 31A(2)(a) of the Constitution.

4. Alleged Discrimination and Violation of Constitutional Rights:
The appellants contended that the Act was discriminatory and violated their constitutional rights. The High Court had rejected this contention, finding no contravention of Article 14 of the Constitution. The Supreme Court upheld this finding, noting that the Act applied uniformly to all intermediaries and did not single out the appellants for discriminatory treatment. Additionally, the Court dismissed the appellants' argument regarding the violation of Article 17(2) of the Universal Declaration of Human Rights, stating that it was not justiciable.

Conclusion:
The Supreme Court dismissed the appeals, concluding that the appellants were intermediaries under the amended Act and that their lands were liable to be acquired by the State of Orissa. The Court found no merit in the arguments presented by the appellants and upheld the constitutionality and applicability of the Orissa Estates Abolition (Amendment) Act. The appeals were dismissed with costs, affirming the decisions of the High Court of Orissa.