Venkataramiah, J. - (1.) These two appeals filed under Article 133(1)(c) of the Constitution of India, as it stood when they were instituted, are filed against the common judgment dated August 6, 1971 of the High Court of Madras in Writ Petition No. 180 of 1970 and Writ Petition No. 214 of 1970 dismissing the writ petitions. In the said writ petitions along with some others the appellants questioned the constitutional validity of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act. 1969 (Act No. 23 of 1969) (hereinafter referred to as 'the impugned Act') by which certain lands held by each of them had been treated as falling within the scope of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 1963) thereinafter referred to as 'Act 26 of 1963), The appellants in Civil Appeal No. 1055, of 1972 S. Thenappa Chettiar and others were interested in the lands (both wet and dry) measuring altogether 77.23 acres situated at Varpet Village, Tirumayam Taluk, Tiruchirapalli District covered by Title Deeds Nos. 7909 to 7979, 8310 to 8312, 8315, 8316, 9209, 9618 to 9623, 9519, 9795 and 9796 and the appellants in Civil Appeal No. 1056 of 1972 were interested in the lands (both wet and dry) measuring altogether about 300 acres situated at Gudalur Village, Kolathur Taluk Tiruchirapalli District covered by Title Deeds Nos. 8005 to 8023 and 9447. These lands were situated in the area which formerly formed part of the Pudukottai State which later on was merged in the Indian Union with effect from March 3, 1948 as a result of which it became part of Madras Province. In the Province of Madras the question of agrarian reform was taken up for consideration seriously first in the year 1937. The Madras Government appointed a committed headed by Shri T. Prakasam to enquire into and to report on the conditions which prevailed in the zamindari and other proprietary areas in the Province. That committee submitted its report along with a draft bill on the lines of its recommendations. No action could be taken on that report as the Congress Ministry which had appointed, the committee resigned, Then in the year 1948 the Madras Estates (Abolition and Conversion into Ryotwari) Act. 1948 (Madras Act 26 of 1948) was passed by the Madras Legislature. The said Act applied to all estates namely, zamindaris under tenures and inam estates as defined in section 3, clause (2) of the Madras Estates Land Act, 1908 except inam villages which became estates by virtue of the Madras Estates Land (Third Amendment) Act, 1936. The said Act was intended to provide for the repeal of the permanent settlement, the acquisition of the rights of the land-holders in permanently settled and certain other estates in the Province of Madras and the introduction of the ryotwari settlements in such estates. Thereafter for the purpose of completing the process of the agrarian reform initiated by the said Act of 1948, Act 26 of 1963 referred to above was passed. Act 26 of 1963 provided for the acquisition of all rights of the land-holders in inam estates in the State of Tamil Nadu and the introduction of the ryotwari settlements in such estates. The estates to which this Act was applicable were of two kinds; (i) existing inam estates; and (ii) new inam estates. The existing inam estates were inam villages which became estates by virtue of the Madras Estates Land (Third Amendment) Act, 1936. They were whole villages. 'The new inam estate which was a new nomenclature evolved for the purpose of this Act, meant a part village inam. estate or a Pudukkottai Inam Estate as defined in section 2(14) of that Act. Then came the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Act 30 of 1963) (hereinafter referred to as' Act 30 of 1963'). Act 30 of 1963 provided for the acquisition of rights of inamdars of minor inams in the State of Madras and the introduction of ryotwari settlements in such inams. This was followed by the Tamil Nadu Inams (Supplementary) Act (Act 31 of 1963) (hereinafter referred to as 'Act 31 of 1963') providing the machinery for the determination of the questions whether any non-ryotwari area in the State of Tamil Nadu was or was not an existing inam estate, a part village inam estate, a minor inam or whole inam village in Pudukottai. The appellants and other persons who were similarly situated made applications for the grant of ryotwari pattas in respect of such lands which they claimed to be in their possession on the basis that their lands were covered. by Act 30 of 1963. In some cases it appears ryotwari pattas were issued and in some other cases the proceedings were still pending. At that time the Government of Tamil Nadu on the representation made by the ryots of Pudukottai area appointed a Special Officer for the purpose of investigating into the character of the lands held as Inams in the Pudukottai area. The Special Officer on examination recommended that 116 part inam villages should be brought within the purview of Act 26 of 1963. It may be mentioned here that the lands of the appellants had not been brought within the scope of Act 26 of 1963 when it was enacted. Accepting the recommendation, the Act (which is an amending Act) which is impugned in these proceedings was passed in the year 1969. The Statement of Objects and Reasons accompanying the Bill which ultimately became the impugned Act read as follows:-"The Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari). Act, 1963 (Tamil Nadu Act 26 of 1963) applies to all Iruwaram inam estates, part-village inam estates and certain whole inam villages in the merged territory of Pudukottai specified in Schedule I of the Act. There have been repeated representations to the Govt. by the ryots of Pudukkottai area that most of the inams which have been dealt with under the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Madras Act 30 of 1963) are part-inam villages and that they should also be brought within the scope of Tamil Nadu Act 26 of 1963. The Inamdars also preferred counter representations contending that even the villages already brought within the scope of Tamil Nadu Act 26 of 1963 should be taken away from its purview. The Govt. considered both the representations and appointed a Special Officer to investigate into the tenure of these inams in Pudukkottai area. The Special Officer, after a thorough examination of the whole matter recommended that 116 part-inam villages will have to be brought within the purview of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari ) Act,1963 (Tamil Nadu Act 26 of 1963). The Government have decided to accept the recommendation of the Special Officer and to -bring these 116 part-inam villages within the purview of Tamil Nadu Act 26 of 1963 and to amend the Act suitably. 2. All these 116 part-inams which are proposed to be brought within the purview of Timil Nadu Act 26 of 1963 are now treated as minor inams. They have vested in the Government under the provisions of the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Madras Act 30 of 1963), on the appointed day under that Act. The question as to how the proceedings already taken or pending under Madras Act 30 of 1963 should be treated. The Government have decided that the amending legislation should be deemed to have come into force in respect of these part-inams on the appointed day under Madras Act 30 of 1963 subject to a proviso that, where in respect of any such Inam estate the operation of the Act has been stayed or interrupted, then the date from which the Government are in uninterrupted possession should be deemed to have come into force in respect of such inam estate. It is also proposed that every order passed in any proceeding taken under Madras Acts 30 and 31 of 1963 in respect of any such estate shall be deemed to be of no effect and any such proceeding pending on the date of the publication of the proposed Act should abate and the amount paid, if any under Madras Act 30 of 1963 to any person should be recovered with interest as if it were an arrear of land revenue."
(2.) By section 2 of the impugned Act section 1 of Act 26 of 1963 was amended by adding sub-section (7) thereto which read as follows:- "(7). Notwithstanding anything to the contrary contained in sub-sections (4) to (6), in regard to Pudukkottai inam estates specified in Schedule IA, this section and Sections 2,4, 5, 7, 8, 56(3), 59, 64, 73 and 75 shall be deemed to have come into force on the 1st January, 1964; and the rest of this Act shall be deemed to have come into force in regard to such Pudukkottai inam estates on the 15th February, 1965: Provided that in the case of any such Pudukkottai inam estate, the settlement of which is published under sub-section (2) of section 3 of the Pudukkottai (Settlement of Inams) Act, 1955 (Madras Act XXIII of 1955), on a date subsequent to the 15th February, 1965, the rest of this Act as aforesaid shall be deemed to have come into force in regard to such Pudukkottai inam estate on such subsequent date: Provided further that where, in regard to any such Pudukkottai inam estate, the operation of the rest of this Act as aforesaid has been stayed or interrupted by order of Court of Tribunal or other authority constituted under any law for the time being in force, the date from which the Government have been in uninterrupted possession of such estate shall be deemed to be the date on which the rest of this Act as aforesaid shall be deemed to have come into force."
(3.) The impugned Act also introduced a new section 73-B Act 26 of 1963 which read as follows:- "73-B. Madras Acts XXX and XXXI of 1963 not to apply to Pudukkottai inam estates specified in Schedule IA. - (1) Notwithstanding anything contained in the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Madras Act III of 1963) and in the Madras Imams (Supplementary) Act, 1963 (Madras Act XXXI of 1963) - (i) the provisions of the said Acts shall be deemed never to have applied to a Pudukkottai inam estate specified in Schedule I-A, and every order passed in any proceeding taken under the said Acts in respect of that inam. estate shall be deemed to be of no effect and if any proceeding under the said Acts is pending on the date of the publication of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1969 in the Fort St. George Gazette, such proceeding shall abate; and (ii) any amount paid under the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Madras Act XXX of 1963) to any person, in respect of that inam estate shall, with interest thereon at three per cent per annum, be recoverable as it were an arrear of land revenue. (2) Where the entries relating to the inam area and the revenue number and name of revenue village as specified in columns (3) and (4) respectively of Schedule I-A are found to be either incomplete or incorrect with reference to the corresponding entries in the revenue registers, the Government may, by notification, from time to time, amend suitably the entries of columns (3) and (4) aforesaid. (3) All references made in this Act to Schedule I-A shall be considered as relating to the said Schedule as for the time being amended in exercise of the powers conferred by this section.";