SURESH CHANDRA AGARWAL,J. - (1.) THESE Special Appeals raise common questions relating to the acquisition of the estate of Shri Gaj Singh, the former Ruler of the erstwhile State of Jodhpur under the provisions of the Rajasthan Land Owners and Acquisition of Landowners Estates Act, 1963 (hereinafter referred to as 'the Act'). Special Appeals Nos. 3, 4 and 5 of 1978 have been filed by the State of Rajasthan against the judgment of M.L. Jain, J. dated 22nd September, 1977 whereby S.B. Civil Writ Petition No. 1901 of 1975, Prajapati Grah Nirman Samiti Ltd., Jodhpur v. The State of Rajasthan and another, S.B, Civil Writ Petition No. 1904 of 1975, Adhunik Grah Nirman Samiti Ltd., Jodhpur v. The State of Rajasthan and another, and S.B. Civil Writ Petition No. 1924 of 1975, Jai Marwar Co. Pvt. Ltd., and another v. State of Rajasthan and another, were allowed. Special Appeal No. 79 of 1981 has been filed by the trustees of the Major Maharaj Hari Singh Benefit of Defence Services Personnel Charitable Trust against the judgment of K.D. Sharma C.J. dated 26th March, 1981 whereby S.B. Civil Petition No. 1987 of 1975 filed by the said appellants was dismissed. Special Appeal No. 354 of 1984 has been filed by the State of Rajasthan against the judgment of P K. Banerjee CJ dated 20th December, 1985 whereby S.B. Civil Writ Petition No. 1972 of 1975 filed by Maharaja Gaj Singh, former Ruler of erstwhile State of Jodhpur was allowed. Special Appeal No. 354 of 1984 relates to the lands in Khasra Nos. 421, 424 and 426 adjoining Umaid Bhawan Palace at Jodhpur and Balsamand garden at Jodhpur and Bijolai tank and building at Jodhpur, Special Appeals Nos. 3,4 and 5 of 1978 relate to the land in Khasra No. 421 adjoining Umaid Bhawan Palace at Jodhpur and Special Appeal No. 79 of 1981 relates to land in Khasra No. 426 adjoining Umaid Bhawan Palace at Jodhpur.
(2.) AFTER India attained independence on 15th August, 1947, the rulers of the princely states of Banswara, Bikaner, Bundi, Dungarpur, Jaipur, Jaisalmer, Jhalawar, Jodhpur, Kishangarh, Kota, Mewar, Partabgarh, Shahpura and Tonk entered into a Covenant whereby it was agreed that the territories of the said fourteen States should be integrated into one State in the name of United State of Rajasthan. The said Covenant was signed by Maharaja Shri Hanwant Singh who was the ruler of the State of Jodhpur at that time and in pursuance of the said Coveaant the United State of Rajasthan came into existence and it was inaugurated on 30th March, 1949. In Article XII of the said Covenant, provision was made with regard to the private properties of the ruler of the Covenanting States. In Clause (1) of the said article it was prescribed that the ruler of each covenanting State shall be entitled to the full ownership, use and enjoyment of all private properties (as distinct from Stale properties), belonging to him on the date of his making over the administration of the State. In accordance with the aforesaid clause in the Covenant, a list of private properties of the ruler of the former State of Jodhpur was prepared and it was approved by the Government of India on 24th March, 1949. In the said list of private properties the immovable properties were divided into three categories. Category A consists of properties which were to be regarded as the family property of the Maharaja of Jodhpur and which will not be transferred. Category B consists of properties which were to be regarded as family property of the Maharaja of Jodhpur which will be disposable by him if he and his heir agree to do so. Category C consists of property which is the absolute property of the Maharaja of Jodhpur with full rights of disposal. Amongst the properties falling in category A was included Balsamand Garden including the Palaces and other buildings in it. In category C were included Umaid Bhawan Palace as per plan attached including the Chhittar Tank and the Bijolai Tank and buildings. Maharaja Hanwant Singh died in 1952 and after his death he was succeeded by his son Shri Gaj Singh who was minor at that time. During the minority of Shri Gaj Singh an administrator was appointed for the purpose of administration of the estate of the minor Maharaja. In 1964 the Rajasthan State Legislative Assembly enacted the Act which received the assent of the President of India on 6th April, 1964 and was published in the Rajasthan Gazette dated Aprili 13, 1964. The Act was enacted to provide for the acquisition of the estates of land owners, viz; the rulers of the Covenanting States. Under Section 7 of the Act provision was made for issuing of a notification by the State Government appointing a date for the vesting in, the State Government of the estates of all landowners situated any where in Rajasthan. In exercise of the powers conferred on it under Section 7 of the Act, the State Government issued a notification dated 11th August, 1964 (published in the Rajasthan Gazette dated 13th August, 1964) whereby the State Government appointed 1st September, 1964 as the date of vesting in it of all the States of all the landowners situated any where in Rajasthan. The former rulers of various Convenanting States including Maharaja Shri Gajsingh, filed writ petitions in this Court wherein the validity of the various provisions of the Act was challenged. The said writ petitions were decided by a learned Single Judge (V.P. Tyagi J., as he then was) by his judgment dated 16th December, 1969 Schedule to the Act, were declared to be invalid. The State Government as well as the Rulers, feeling aggrieved by the said judgment of Tyagi J., filed special appeals in this Court. While the said Special appeals were pending, the Governor of Rajasthan promulgated the Rajasthan Land Reforms and Acquisition of Landowners Estates (Amendment) Ordinance, 1975 (Ordinance No. 6 of 1974) on 28th January, 1975. The said Ordinance was later on replaced by the Rajasthan Land Reforms and Acquisition of Landowners Estates (Amendment) Act, 1975 (here in after referred to as 'the Amendment Act) which received the assent of the President on 26th March, 1975. By the Amendment Act, Chapters IV and VI of the Act as well as the Schedule to the Act were substituted. In addition, an amendment was made in the long title of the Act and the definition of 'land' contained in Section 2(f) of the Act was also substituted. All these amendments which were introduced by the Amendment Act were given retrospective effect from the date of the enactment of the Act.
(3.) BEFORE the enactment of the Amendment Act, Maharaja Gaj Singh the former ruler of erstwhile State of Jodhpur, had executed three sale -deeds in relation to land in Khasra No. 491 adjoining Umaid Bhawan Palace at Jodhpur. Sale -deed dated 4th November, 1971 was executed by him in favour of Prajapati Grah Nirman Sahakari Samiti Limited (respondent in Special Appeal No. 3 of 1978) in respect of 35, 242.02 Sq. yds. for Rs. 4,00,000/ -, Sale -deed dated 4th November, 1971 was executed by him in favour of Adhunik Grah Nirman Samiti Ltd. (respondent in Special Appeal No. 4 of 1978) in respect of 35,200 Sq. yds. of land for Rs. 3, 65,000/ -. Sale deed dated 5th November, 1971 was executed by him in favour of Jai Marwar Company Private Limited (respondent in Special Appeal No. 5 of 1978) in respect of 1,81,818 Sq. Yds. of land for Rs. 9,60,000/ -. Maharaja Gaj Singh also executed a settlement deed dated 25th March, 1972 by which 17,90,000 Sq. Yds. of land in Khasra No. 426 adjoining the Umaid Bhawan Palace at Jodhpur was given in Trust for the purpose of Major Maharaja Hari Singh Benefit of Defence Services Personnel Charitable Trust.;