Sharad Kumar Sharma, J. - (1.) Before dealing with the matter pertaining to the issue and the relief sought by the petitioner for the payment of interest on the land vested in favour of the State by the impact of Section 4 of the Kumaon and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (hereinafter to be referred to as the "Act of 1960"), certain legal aspects are required to be considered. Section 4 of the said Act is quoted hereunder:- "4. Acquisition and modification of existing rights in land. (1) As soon as may be after the commencement of this chapter, the State Government may, by notification published in the official Gazette, declare that as from a date to be specified therein (referred to in this Act as the appointed date)- (a) the rights, title and interest of hissedar in respect of khaikari land shall cease and vest, except as hereinafter provided, in the State free from all encumbrances, and (b) without prejudice to the provisions of (a) a tenure-holder in Kumaun or Uttarakhand shall in the land held by him as such posses the rights, title and interest (with the modifications or liabilities provided by or under this Act."
(2.) The Act of 1960, was enforced in the area as defined of sub-section (2) of section (1). As a consequence of promulgation of the said Act, and particularly, in view of the impact of the provisions contained under Section 4, pertaining to the acquisition and modification of the existing rights of the land, all lands would stand vested with the State w.e.f. 1st January, 1978. Section 4-A of the said Act is quoted here under:- "4-A. Vesting of interest of hissedar in the forest land.- With effect from July, 1 1978, the rights, title and interest of every hissedar in respect of forest land shall cease and shall vest in the State Government free from all encumbrances, and the provisions of this Chapter and Chapter V shall mutatis mutandis apply to a forest land as they apply to a khaikari land."
(3.) On an interpretation of Section 4-A would rather be that w.e.f 1st January 1978, all rights, title and interest of every hissedar (shall cease to exist and vests in the State free from all encumbrances). Meaning thereby, whatsoever right was existing in favour of the hissedar, prior to 1st January, 1978 will stand extinguished. The Legislature under Section 5 of the Act had dealt with the consequences which would follow as a result of acquisition contemplated under Section 4 of the Act.;