STATE OF GUJARAT Vs. VAKHATSINGHJI VAJESINGHJI VAGHELA DEAD HIS LEGAL REPRESENTATIVES

JUDGEMENT

(1.) These appeals are directed against the orders of the Gujarat High Court passed under Art. 227 of the Constitution revising the appellate orders of the Bombay Revenue Tribunal modifying certain awards of the Special Deputy Collector, Ahmedabad, claims for compensation under Sections 7 and 14 of the Bombay Taluqdari Abolition Act 1849 (Bombay Act LXII of 1948) were filed before the Collector by the Taluqdars of certain villages in the district of Ahmedabad. The Collector made his awards of compensation under Sections 7 and 14. The claimants filed ap -peals before the Revenue Tribunal and later petitions under Art:227 of the Constitution to the High Court. The present appeals are flied by the State of Gujarat and some of the claimants. The principal matters in controversy m these appeals relate to the award of compensation under the head; (i) difference in jama and full assessment, (ii) solatium of 15 per cent on the market value, (iii) irrigational bunds, tanks and wells and (iv) river and river beds.

(2.) Excellent accounts of the history and incidents of the taluqdari tenures are given in Dr. Govind D. Patels Agrarian Reforms in Bombay, 1950, Mr. J. B. Peile's Report, Government Selection No. CVI New Series, p. 13, Mr. L. Robertson's Report on the conditions of the taluqdars of the Ahmedabad district 1903, statement of objects and reasons for Bill No. 6 of 1885 printed in Bombay Government Gazette, dated the 28th December, 1885, Part V, at page No. 65 and Nawab Sardar Narharsinghji Ishvarsinghji vs. Secretary of State, 48 Bom LR 167. The origin of the Gujarat taluqdars may be traced to Moghul and pre-moghul times. They are found mainly in the districts of Ahmedabad, Kaira, Broach and the Panchmahals. The leading characteristics of the taluqdari tenure is that the taluqdari estate is neither alienated nor unalienated but is proprietary. Until 1862 the taluqdars were legally though incorrectly regarded as mere lease holders. From 1862 till 1888 they were full proprietors with unlimited powers of alienation. From 1888 onwards they were full proprietors with restricted powers of alienation. Their estates were subject to payment of a jama to the Government. Originally the jama was regarded as u tribute but later it became a roughly calculated tax on the rental, then a land tax and finally land revenue. Acts were passed from time to time for ameliorating the conditions of the taluqdars. Since 1888 the taluqdari villages and estates were governed by the provisions of the Gujarat Taluqdar's Act, 1888 (Bom. Act VI of 1888) . Under Section 2 (1) (c) of this Act jama meant land revenue payable by the taluqdars to the Government. Section 4 empowered the Government to direct a revenue survey of a taluqdari estate under the provisions of the Bombay Land Revenue Code, 1879. Sections 22 and 23 deal with the taluqdar's jama:

(3.) In these appeals the taluqdars claim compensation for the loss of benefit of the difference between the jama and the full assessment. The jama payable under the settlements made before the Abolition Act was 60 per cent of the total assessment Their rights to pay the jama, only under those settlements were not affected in view of Section 5 (2) (b) . They have obtained the full benefit of the concessional jama while the settlements remained in force. The period of those settlements have now expired and they are now liable to pay full assessment. They have thus suffered a loss of 40 per cent of the land revenue of the villages. They claim compensation for this loss under S. 14 (1) of the Abolition Act which reads:-