- (1.) These are twenty-four petitions under Art. 32 of the Constitution. We propose to deal with them by one judgment, as the main point involved in them is common.
(2.) The petitions fall into three groups. The first group consists of ten petitions relating to Sirsi jagir (hereinafter called the Sirsi petitions). The second group comprises nine petitions relating to Pohri jagir (hereinafter called the Pohri petitions). The third group consists of five petitions relating to Palpurjagir ( hereinafter called the Palpur petitions). There are some differences in detail between the three groups, and we shall give the facts of each group separately, after setting out certain preliminary matters common to all the petitions.
(3.) Abolition of jagirs was under contemplation in the former State of Madhya Bharat (now included in Madhya Pradesh). In order, therefore, to preserve the forest resources of jagirs to be abolished, the State of Madhya Bharat passed an Act called the "Jagir Forests (Prevention of, Indiscriminate Cutting Act. No. 55 of 1950," (hereinafter called the Cutting Act), which came into force on July 3,1950. Section 3 of the Act provides restrictions on the power of a jagirdar to deal with the forests in his jagir, and the relevant portion of that section is in these terms:- "Except for his own bona fide Nister purposes or those of the villagers residing in the Jagir area concerned, no jagirdar shall cut, or cause to be cut, or authorise any person to cut or cause to be cut any tree in the forest area of jagir without the previous sanction obtained in writing of the Commissioner for Jagirs .,.....,...., who shall not give such sanction without the previous consultation of the Chief Conservator of Forests. Such sanction may be subject to such conditions and restrictions as may be Imposed by the Jagir Commissioner." ' The Madhya Bharat Abolition of Jagirs Act, No. 28 of 1951, (hereinafter called the Abolition Act) was passed in that year and received the assent of the President on November 27, 1951. Before, however, a date could be appointed for the resumption of jagirs under S. 3 of the Abolition Act, an injunction was issued on December 7,1951 restraining the Government of Madhya Bharat from putting it into force. This injunction continued up to December 4, 1952, when the writ petitions in which the injunction had been issued were dismissed. On that very day a notification was issued under S. 3 of the Abolition Act and all jagirs in Madhya Bharat stood resumed.;