- (1.) -These five appeals by certificate are preferred by the State of Gujarat against the common judgment dated April 25/28, 1969 delivered in five petitions under Article 226 of the Constitution on the file of the High court of Gujarat in which the constitutional validity of the Resolution of the government of Gujarat bearing No. L. B. B. 3964/101585-G dated 28/12/1966 issuing directions regarding the procedure to be followed in the disposal of 'bhatha lands' with effect from 1/01/1967 inter alia providing for showing preference to harijans, adivasis, backward class persons and cooperative farming societies consisting of landless labourers or small holders in the matter of cultivation rights over bhatha land was challenged. The expression 'bhatha land' means land which forms part of the bed of a river on which vegetables, melon, cucumber etc. can be grown during the lean period after the rainy season is over when the level of the water in the river is quite low. The cultivation of this land is possible only till the next rainy season and when the river swells during the rainy season, the said land again gets submerged under the river water. The occupancy rights over such land cannot ordinarily be granted on a permanent basis as in the case of other cultivable lands in view of the land getting submerged under river water every year for 4-5 months. The lands in question are situated in the Bombay area of the State of Gujarat. Till the year 1951, the cultivation rights over bhatha lands in the area in question were being disposed of by public auction and the successful bidders were being treated as lessees of the lands for short periods. In the year 1951, the State government ordered that the leasehold rights over bhatha lands should be disposed of by selection in the following order of priority: 1. Bonafide agriculturists who had cultivated the land personally for five years or more. 2. Adjacent landholders who, in the Collector's opinion, had insufficient land for maintenance of their families. 3. Cooperative farming societies, and 4. Priority holders under the Waste Land Rules.
(2.) The above order was cancelled and superseded by the government Resolution dated 19/09/1962 which provided that on the expiry of the then existing leases, not held by cooperative farming societies, bhatha lands should be disposed of on the basis of five years' lease by public auction. Experience showed that only the moneyed people were able to purchase the leasehold rights at the public auction and persons belonging to scheduled castes, scheduled tribes and other weaker S. of society were not even able to participate in such auctions. In the year 1964 however, leasehold rights over bhatha lands were disposed of on eksal basis by public auction. The question relating to the procedure to be followed in the disposal of the leasehold rights over bhatha lands was discussed at the meeting of the Collectors held in 1965-66 and after taking into consideration all relevant matters and the suggestions made at the above said meeting, the State government passed the following Resolution in supersession of all existing Orders:- Government of Gujarat Revenue Department No. L. B. B. 3964/101585. G Sachivalaya, Ahmedabad-15 Date : 28/12/1966 resoluvtion OF government In cancellation of all existing orders in regard to disposal of Bet and Bhatha land by auction, government is pleased to direct that existing procedure of disposal of Bhatha land by auction should be disposed of according to instructions detailed below : 1. The existing leases held by cooperative society should be renewed on their expiry only to the members of cooperative society. Individually held land less than 16 acres excluding the Bet- Bhatha land and the total holding of the number including the land to be granted is not more than the member or members 16 acres. 2. If condition (1) is fulfilled the lease in favour of the cooperative societies should be renewed for a further period of 10 years on payment of revised rent which should be fixed on the basis of the factors enumerated hereinafter instruction No. 6 below. 3. As regards Bhatha lands which have been leased in favour of individuals such lease should not be renewed but on the expiry of such lease the lands should be disposed of to priority holders as enumerated in instruction No. 5 on payment of rent to be determined on the basis of factors enumerated in instruction No. 6. There will be no objection to renew the lease in favour of such individuals if he is otherwise eligible as per principles fixed in this G. R. 4. As regards new Bet-Bhatha lands which are to be disposed of for the first time they should also be granted to priority holders as mentioned in instruction No. 5, on the basis of rent charged for similar lands which have been disposed of as per instructions contained in the G. R. or which have been disposed of in the past by auction. 5. The priority for disposal of Bet-Bhatha land should be as under:1. Bona fide agriculturists of the village who are holding land less than 5 acres. Preference in this case will be given to harijan, adivasi and backward class people. 2. Holders of the land adjoining the Bet Bhatha land holding land less than 16 acres and who in the opinion of Collector have a genuine need of additional lands for maintenance of their families. Inter se preference in this case also will be as per (1) above. 3. Cooperative farming societies of harijans, adivasi and back ward class persons. 4. Cooperative farming societies consisting of landless labourers or small holders. 322 5. Any of the priority holders under the waste land rules. The individuals as well as cooperatives of the village in which the Bet-Bhatha lands are situated will have their first priority while the individuals and cooperative societies of neighbouring villages within a radius of 5 miles shall be given priority in the order of nearness from village where the Bet-Bhatha lands are situated. If there are claims of two equal priority holders for the same land the disposal will be by lots.
(3.) Thereafter twenty-two members belonging to Vaghari Harijan community were granted leasehold rights in respect of a bhatha land for a period of ten years pursuant to the above government Resolution by the Collector of Ahmedabad on 18/07/1967. The relevant part of the aforesaid order of the Collector dated 18/07/1967 reads as follows : No. C. B. A. R. E. V. 165 District Collector's Office Ahmedabad 18/07/1967 ORDER It is hereby ordered that undermentioned twenty-two members of Vaghari Harijan Ganotia Samuha Kheti Mandali (unlimited) Santhal, have been granted lands for cultivation, out of the government BHATHA LANDS, for the period of ten years each member not to have more than four acres of land, on the conditions hereinafter mentioned. Names of members of the Vaghari Harijan Ganotia Samuha Kheti Mandali (unlimited). TERMS 1. These lands are granted on the condition that Vaghari Harijan Ganotia Samuha Kheti Mandali (unlimited) must get itself registered within one year. 2. Either the individual or a cooperative society shall not be granted BET-BHATHA LANDS at more than one place. 3. Within the period of fifteen days from the date of the harvest of the crop from BET-BHATHA LANDS, rent shall be paid up. Rules regarding suspension or remission of land revenue shall not be applicable to the realisation of this rent. 4. The land shall be cultivated personally by the Grantee, unless under exceptional circumstances. The decision of the Collector regarding the existence of such exceptional circumstances shall be final on this condition. Lease shall be terminated, without granting any compensation. 5. Rent shall be fixed and payable according to S. 6 and 7 of government Resolution Revenue Department No. L. B. B. 3964- 101585-G dated 28/12/1966.323 6. All conditions mentioned in PATTA shall be complied with. 7. The Collector shall be authorised to revoke the lease deed before the expiration of the period of the lease. 8. Unless lease deeds are executed, the occupation of the land shall be treated as unauthorised one. Besides conditions mentioned above, all conditions mentioned in government Resolution Revenue Department No. L. B. B. 3964-101585-G dated 28/12/1966 shall be applicable to this grant. This grant shall be valid for the period of ten years from the year 1967-68. This grant expires on 31/05/1977. Lease deed to be executed and kept in record. Sd. /- Niranjan Singh, Collector, Ahmedabad.;