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TMI Blog1989 (4) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... 1914 an agreement was entered into between Jiva Vala and the State of Junagadh under which the State of Junagadh agreed to pay every year (commencing with 1st September of the preceding year and ending with the 31st August of the succeeding year) in the month of January a sum of ₹ 3,500/- to Jiva Vala and after him to the heirs claiming under him in lieu of the right to collect grass, fire-wood and timber which was being exercised by Jiva Vala. Accordingly, Jiva Vala was receiving the sum of ₹ 3,500/- every year and on his death his son Kalubhai was receiving the said sum every year from the State of Junagadh and on the State of Junagadh becoming part of the Union of India from the Saurashtra State, then from the State of Bombay in which Saurashtra State was merged and thereafter from the State of Gujarat which came to be established under the Bombay Reorganisation Act, 1960 till his death. After his death Respondent No. 1 - Kamlaben, the wife of Kalubhai and the other respondents, who were children of Kalubhai were receiving the amount due to them till the year 1964. However, in January, 1965 the Mamlatdar of Visavadar issued notice under the orders of the Collector, J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... end on the coining into force of the Act. 4. The Act was passed with the object of abolishing certain alienations which were not affected by the earlier enactments which had been enacted for the abolition of various kinds of alienations in the State of Gujarat and to provide for matters consequential and incidental thereto. The expression 'alienation', as defined in Clause (3) of Section 2 of the Act reads thus: (3). 'alienation' means- (a) any right in respect of an aghat land enjoyed by an aghat holder immediately before the appointed day, (b) any right in respect of a Taluqdari watan enjoyed by the holder thereof immediately before the appointed day, (c) any right, with or without any condition of service, in respect of any other land, village or portion of a village and consisting of- (i) any proprietary interest in the soil coupled or not coupled with exemption from the payment of the whole or part of the land revenue, or (ii) a right only to the land revenue or a share of land revenue of the land, village or portion of a village, enjoyed by the holder thereof for the time being and subsisting immediately before the appoint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ointed day. 8. The Act is included in the Ninth Schedule to the Constitution of India as Item No. 33 which reads thus: 33. The Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat Act XXXIII of 1963), except in so far as this Act relates to an alienation referred to in Sub-clause (d) of Clause (3) of Section 2 thereof. 9 Sub-clause (d) of Clause (3) of Section 2 of the Act having been specifically excluded, the said clause does not receive the protection of Article 31-B of the Constitution of India. The question which remains to be considered is whether the said sub-clause can be deemed to be protected by Article 31-A of the Constitution of India, Article 31-A of the Constitution of India refers to matters described in Sub-clauses (a) to (e) of Article 31-A(1) of the Constitution of India. It is not claimed on behalf of the State Government that the present case falls under Sub-clauses (b) to (e) of Article 31-A(1) of the Constitution of India. It is, however, urged that the present case falls under Sub-clause (a) of Clause (1) of Article 31-A of the Constitution of India, which reads thus: (a). the acquisition by the State of any estate or of any rights therei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are to take forest produce and on commutation of their rights by Ex. 24 they are property rights. When such allowance is being paid the right to this cash allowance could never be acquired by the State as per the aforesaid settled legal position,.. 10. In view of the foregoing the High Court held that Section 2(3)(d) of the Act should be read down and construed as not including payment of cash allowance of the type in question. It held that otherwise the said clause would be violative of Articles 14, 19 and 31 of the Constitution of India. 11. It is not disputed by the learned Counsel for the State Government that unless the present case receives the protection of Article 31-A of the Constitution of India the action taken by the State Government to treat the right of the respondents as having come to an end would be unconstitutional since it would be violative of Articles 14, 19 and 31 of the Constitution of India. 12. It is, therefore, necessary to examine the nature of the transaction under which the amount of ₹ 3.500/- was payable every year to the respondents on the hereditary basis in order to find out whether the abolition of the said right can be considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary and any rights or privileges in respect of land revenue. It is an inclusive definition. The right which was being enjoyed by the predecessor-in-interest of the respondents was a right in a waste land or a forest land or a land for pasture. In order to treat a particular law as a part of an agrarian reform, it is not necessary that on the land which is the subject matter of the said law actual cultivation should be carried on. In the State of Kerala and Anr. v. the Gwalior Rayon Silk Manufacturing (Wvg.) Co. Ltd. etc. MANU/SC/0068/1973MANU/SC/0068/1973 : [1974]1SCR671 the constitutionality of the Kerala Private Forests (Vesting and Assignment) Act, 1971 came up for consideration before this Court. In that case one of the questions which arose for consideration was whether the said Act which related to private forests envisaged a scheme of agrarian reform. In that case this Court held that even though the said legislation had the effect of extinguishing or modifying rights annexed to or arising out of the forest land it could be considered as part of agrarian reform because such forest lands also if prudently and profitably exploited could bring about relief to people engaged in ..... 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