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TMI Blog1983 (8) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... lands in the State of Jammu Kashmir. The Government of Jammu Kashmir introduced several land reforms in the State, beginning with Tenancy Act VII of 1948. Jagirs and Muafis were abolished under that Act as a result of which, approximately 9000 owners of agricultural lands lost their proprietary interest in about 4.5 lakh acres of land. The State Legislature thereafter passed the Tenancy (Amendment) Act VII of 1948, the Tenancy (Amendment) Act of 1950, the Big Landed Estates Abolition Act of 1950, the Tenancy (Amendment) Acts, of 1956, 1962 and 1965, the J K Tenancy (Stay of Ejectment) Proceedings Act 1966, the Agrarian Reforms Act of 197 2 and finally the impugned Act, 17 of 1976. The last named Act received the assent of the Governor on August 21, 1976. It was amended by the Amendment Act of 1978 which received the assent of the Governor on April 7, 1978. 3. We will presently explain in brief the nature of the provisions of the impugned Act but, before we do so, it will be useful to acquaint oneself with the various steps which the Government of Jammu Kashmir took in the direction of land reforms, by passing the Acts to which we have referred earlier. After ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not co-related to agrarian welfare, the Act cannot be said to be a measure of agrarian reform. The short title of the Act shows that it was passed in order to provide for transfer of lands to the tillers of the lands for the purpose of better utilisation of those lands Section 4 of the Act provides that all rights, titles and interests in lands, which were not cultivated personally in Kharif 1971, shall be deemed to have been extinguished and shall vest in the State, free from all encumbrances with effect from May 1, 1973. By Section 5, all lands in excess of the ceiling area on September 1, 1971 vested in the State on May 1, 1973. Section 7 provides for the resumption of lands by the ex-landlords for bona fide personal cultivation, subject to the conditions mentioned in Section 7(2). Section 9 provides for payment of rent by the tillers of the soil to the State for lands which have vested in the State. Section 10 provides for payment of the amount due on the outstanding mortgages on lands. Section 11 provided that lands which vest in the State under the impugned Act shall be deemed to have been acquired by the State, for which payment shall be determined and made in accordance wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resumable by such person has to bear the same proportion to the total land comprised in the tenancy as the rent in kind bears to the total produce; and where a person was entitled to rent in cash during Kharif 1971, the extent of land resumable by him has to be regulated by the extent of rent in kind to which such rent in cash can be commuted in accordance with the provisions of Sub-sections (3) and (8) of Section 9. We are unable to hold that these and connected provisions of the impugned Act show that the Act is not a measure of agrarian reform. The question as to whether any particular Act is a measure of agrarian reform has to be decided by looking at the dominant purpose of that Act. In Ranjit Singh v. State of Punjabi [1965]1SCR82 , it was held on a review of authorities that a large and liberal meaning must be given to the several expressions like 'estate', 'rights in an estate' and extinguishment and modification' of such rights which occur in Article 31A. The decision in Kochuni [1960]3SCR887 to which our attention was drawn by Shri Tarkunde, was treated in Ranjit Singh as a special case which cannot apply to cases where the general scheme of legislati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any land which is occupied as the site of a town or village; or (iii) any land reserved for building purposes in a municipality or notified area or cantonment or town area or any area for which a town planning scheme is sanctioned. 7. The grievance of the petitioners is that not only do certain provisions of the Act militate against agrarian reform, but those provisions will involve the State Government into payment of considerable 'amounts' to land-holders for the extinction and acquisition of their rights, which would be far greater than the amounts which the State Government would be liable to pay under Acts like the Urban Land (Ceiling and Regulation) Act, 1976. Agricultural lands which are situated within the 'limits of municipalities and Town Area Committees are also comprehend within the scope of the Act and the apprehension of the petitioners is that, after the tillers become statutory purchasers of those lands, they will be free to dispose them of at urban prices which have escalated sky-high. Another facet of the same argument is that no agrarian reform is involved in applying the impugned statute to lands situated in urban ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 7(2)(b) on the right of a land-holder to resume land is that, unless he is a member of the defence forces, he must take his residence in the village in which the land is situated or in an adjoining village. Personal cultivation is defined in Section 2(12) to mean cultivation by any member of one's family or by a khana-nishin daughter or a khana-damad or a parent of the person or by other relations like the son, brother or sister who are specified in the various clauses of Section 2(12). Under Clause (g) of Section 2(12), a land-holder who is a minor, insane, physically disabled, incapacitated by old age or infirmity, a widow or a person in detention or in person can cultivate the land through a servant or hired labourer under the personal supervision of his or her guardian or agent. If it is permissible to cultivate a land through another person as specified in Clauses (b) to (g) of Section 2(12), it is difficult to understand why residence in the village where the land is situated or in an adjoining village should be compulsory for all persons, even for minors, widows, insane persons and persons in detention. The exception made by the legislature in favour of the memb ..... X X X X Extracts X X X X X X X X Extracts X X X X
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