- (1.) The respondents filed two applications before the Additional Collector, Nasik, under S. 7 of the Bombay Bhil Naik Inam Abolition Act, 1955, (hereinafter called the Act) for compensation. On the basis of the applications, the Additional Collector, Nasik, passed two awards negativing the claims. The respondents filed two appeals against the awards, but they were confirmed by the Maharashtra Revenue Tribunal. To quash these orders, the respondents filed applications under Article 227 of the Constitution before the High Court of Bombay. The High Court quashed the orders and held that the respondents were entitled to compensation and remitted the cases to the Additional Collector, Nasik for determination of the quantum of compensation payable to the respondents. These two appeals, by certificate, are directed against the common judgment of the High Court quashing the orders passed by the Maharashtra Revenue Tribunal.
(2.) The question for consideration in these appeals is whether the High Court was right in holding that the respondents, who were inamdars, were entitled to compensation on the abolition of the Bhil Naik Inams under the provisions of S. 7 (1) of the Act.
(3.) The object of the Act was to abolish the Bhil Naik Inams held for service useful to Government on political considerations. Section 4 states that all Bhil Naik Inams shall be deemed to have been abolished and that any liability to render service and all other incidents appertaining to such inams are extinguished and that all inam villages and inam lands are resumed and shall be deemed to be subject to the payment of land revenue. Section 5 provides for the re-grant to the inamdar of the lands which, on the appointed date, that is, the date on which the Act came into force, were not uncultivated lands and which were in the actual possession of the inamdar or in the possession of a person holding through or from him other than an inferior holder on payment of the occupancy price. Section 6 provides and all uncultivated and waste lands and all other kinds of property referred to in S. 37 of the Land Revenue Code situate in an inam village or inam land, which are not the property of the individuals or of any aggregate of persons legally capable of holding property and except in so far as any rights of such persons may be established in or over the same shall together with all rights in and over the same or appertaining thereto be the property of the State Government. Then comes section 7.;