9911796707
TMI Blog1965 (2) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... of Waghach was merged with the State of Bombay with effect from June 10, 1948. On August 19, 1953, respondents 1 to 11 entered into an agreement with respondent no. 12 whereby respondent no. 12 became entitled to cut and remove all species of trees from the forest lands in the 39 villages for a period of ten years. On August 1, 1954, the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Act XXXIX of 1954) came into force. This Act was passed with the object of abolishing jagirs in the merged territories and merged areas in the State of Bombay and providing for matters consequential and incidental thereto. The jagirs were classified, under the Act, into two categories, namely, (1) Proprietary jagirs and (2) Nonproprietary jagirs. It is the undisputed position in the present case that the jagirs fell in the category of proprietary jagirs. Under s. 5 of the Jagirs Abolition Act the Jagirdars became occupants in the lands including forest areas which were in their possession before coming into force of the Act. On July 6, 1956 the State Government issued a notification under s. 34(A) of the Indian Forest Act. declaring all uncultivated lands in the said 39 villages t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from removing and disposing of the produce thereof. The High Court further held that this order would be without prejudice to the right of the State Government, if they had any, to reserve any class of trees under s. 40 of the Land Revenue Code or under any other law for the time being in force, or to impose such restrictions as it may be lawful for them to do, under the provisions of the Indian Forest Act and the Rules made thereunder. The present appeal is brought by special leave on behalf of the State of Gujarat and the other appellants against the order of the High Court of Judicature at Bombay in the Special Civil Application no. 2146 of 1958. The question presented for determination in this case is whether the trees standing in the forest lands of the 39 villages in question belong to the jagirdars--respondents 1 to 11 or to the State Government and whether the respondents have a right to cut and remove the trees including the reserved species of trees from the forest lands of these villages. Section 3 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (hereinafter to be called the Jagirs Abolition Act) states: 3. Notwithstanding anything co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdar in such property shall be deemed to have been extinguished and it shall be lawful for the Collector. subject to the general or special orders of the State Government. to dispose them of as he deems lit. subject always to the rights of way and other rights of the public or of individuals legaliy subsisting. Section 9 reads: 9. The rights to trees specially reserved under the Indian Forest Act. 1927. or any other law for the time being in force. except those the ownership of which has been transferred by the State Government under any contract. grant or law for the time being in force. shall vest in the State Government and nothing in this Act shall in any way affect the right of the State Government to apply the provisions of the Indian Forest Act. 1927. as in force in the pre-Reorganisation State of Bombay. excluding the transferred territories to forests in a Jagir Village. Section 10 provides as follows: 10. Nothing in this Act or any other law for the time being in force. shall be deemed to affect the rights of any jagirdar subsisting on the appointed date to mines or mineral products in a jagir village granted or recognised under any contract. grant or law f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is situate. When permission to occupy land has been, or shall hereafter be granted after the completion of the survey settlement of the village or portion of a village in which such land is situate, the said permission shall be deemed to include the concession of the right of the Government to all trees growing on that land which may not have been, or which shall not hereafter be, expressly reserved at the time of granting such permission, or which may not have been reserved, under any of the foregoing provisions of this section, at or about the time of the original survey settlement of the said village or portion of a village. Explanation.--In the second paragraph of this section, the expression In the case of villages or portions of villages of which the original survey settlement shall be completed after the passing of this Act shall include cases where the work of the original survey settlement referred to therein was undertaken before the passing of this Act as well as cases where the work of an original survey settlement may be undertaken at any time after the passing of this Act. Section 41 states: 41. The right to all trees specially reserved under the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the forest lands and the trees which grew upon them were extinguished. The High Court further held that with the coming into force of the Jagirs Abolition Act jagirdars became the occupants in the forest lands under s. 5(1)(b) of that Act and the respondents 1 to 11 become. therefore, entitled to the trees standing on the forest lands. In our opinion, the view expressed by the High Court is erroneous and must be reversed. It is manifest that under s. 3 of the Jagirs Abolition Act all jagirs were abolished and all the rights of the jagirdars were extinguished, save those rights which are expressly provided by other provisions of the Act itself. It is also manifest that under s. 5(1)(b) of the Act the only rights conferred on the jagirdars are the rights of occupancy of the forest lands. In our opinion, the rights of the occupants under the Bombay Land Revenue Code do not include the right to cut and remove the trees from the forest lands. The reason is that the 36 villages in dispute have not been surveyed or settled and until there is completion of the survey and settlement there is no question of concession on the part of the State Government of the right to the trees in favour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Government of rights to the trees does not arise. In other words, until there is survey and settlement of the land there is no implication in favour of respondents 1 to 11 that they had concession of the rights of the Government to the trees standing on the forest lands. On behalf of the respondents Mr. S.T. Desai referred to s. 9 of the Jagirs Abolition Act and stressed the argument that the right of trees mentioned in that section alone vested in the State Government and there was no other reservation in the Act or any other law, in favour of the State Government. It was contended that by implication it must be held that the jagirdars had rights to the trees in the forest areas apart from those mentioned in s. 9 of the Act. We do not accept this argument as correct. Section 3 of the Act provides for abolition of jagirs and under that section all jagirs shall be deemed to have been abolished on and from the appointed date i.e., August 1, 1954 and all rights of a Jagirdar, in respect of a jagir village as incidents of jagir, shall be deemed to have been extinguished by virtue of the section unless there is express provision in the Act saving such right. In our opinion, s. 9 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
