MANGAL SINHJI DOLAT SINHJI ETC. versus STATE OF GUJARAT

Citation: [1991] SUPP. 1 S.C.R. 497 · Decided: 11-10-1991 · Supreme Court of India · Bench: M.H. KANIA · Disposal: Dismissed
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Judgment (excerpt)

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MANGAL SINHJI DOLAT SINHJI ETC. 
v. 
STATE OF GUJARAT 
OCTOBER 11, 1991 
(M.H. KANIA AND G.N. RAY, JJ.) 
Bombay Taluqdari Tenure Abolition Act, 1949: 
Section 6 --Explanation-Expression "Uncultivated land"--Scope 
of-Land capable of cultivation but not cultivated co11tinuously for 3 years 
prior to the enforcement of the Act-Held "uncultivated land" and vested in 
the State. 
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The appellants were tenants of certain lands which formed part of a 
Taluqdari Estate. These lands though cultivable were not cultivated for a 
continuous period of 3 years prior to the coming into force of the Bombay 
Taluqdari Tenure Abolition Act, 1949 •. 
In the tenant's appeal to this Court, on the question whether these 
lands were uncultivated '1ands within the meaning of Section 6 of the 1949 
Act and thus became vested in the State: 
Dismissing the appeals, this Court, 
HELD: 1. The lands in question are clearly covered by the definition 
of the expression "uncultivated land" as set out in the Explanation to 
Section 6 of the Bombay Taluqdari Tenure Abolition Act, 1949. (500-F]. 
1.1 Even according to the appellants themselves, the lands were 
under cultivation for some time prior to the coming into force of the said 
Act and hence it could not be said that they were uncultivable lands. They 
were in fact lands which were capable of cultivation and as a matter of fact 
had been subjected to cultivation for some-time but were not cultivated for 
continuous period of three years prior to the coming into force of the Act. 
Accordingly the lands must be regarded as "uncultivated lands" for the 
purposes of Section 6 of the Act and must be deemed to be vested in the 
State Government. [500 E·F, 499-C). 
State of Gujarat v. Gujarat Revenue Tribunal, (1980) 1 SCR 233, held 
inapplicable. 
497 
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498 
SUPREME COURT REPORTS 
(1991) SUPP. 1 S. C.R. 
A 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1227 to 
B 
c 
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U30of1979. 
From the Judgment and Order dated 24.11.1978 of the Gujarat High 
Court in Letters Patent Appeal Nos. 54, 52, 53, 55 of 1973. 
B. Datta, J.P. Pathak and P.H. Parekh for the Appellants. 
R.N. Sachthey, Bimal Roy Jad and Anip Sachthey for the Respon-
dent. 
The Judgment of the Court was delivered by 
KANIA, J. These are the appeals by special leave from a common 
ju<Wnent of the Full Bench of the Gujarat High Court disposing of the 
Letters Patent Appeal Nos. 52 to 55 of 1973 and also Letters Patent Ap-
peal No. 50 of 1973. It is a common ground that the appellants are the 
tenants of certain lands which form part of the estate or Wanta of a Taluq-
dar. The question is whether the provisions of Section 6 of the Bombay 
Taluqdari Tenure Abolition Act, 1949, are applicable to the lands in ques-
tion, and whether under the Bombay Taluqdari Tenure Abolition Act, 
1949, which came into effect from 15th August, 1950, the said lands became 
vested in the State and all rights in the said land held by the Taluqdar 
became the property of the Government. Under the provisions of Section 6 
of the said Act, inter alia, all uncultivated lands excluding the land used for 
building and other non-agricultural purposes, vest in the State. Section 6 of 
the Bombay Taluqdari Tenure Abolition Act, 1949, runs as follows: -
"All public roads, lanes and paths, the bridges, ditches, dikes 
and fences on, or beside, the same. the bed of the sea and of 
harbours, creeks below high water mark, and of rivers, streams, 
nallas, lakes, wells and tanks, and all canals, and water courses, -
and all standing and flowing water~ all unbuilt village site lands, 
all waste lands and all uncultivated lands (excluding lan_ds used 
for building or other non-agricultural purposes), which are not 
situate within the limits of the wantas as belonging to a taluq-
dar "in a taluqdari estate shall except in so far as any rights of 
any person other than the taluqdar may be established in and 
over the same and except as may otherwise be provided by any 
law for the time being in force, vest in and shall be deemed to 
be, with all rights in or over the same or appertaining thereto, 
the property of the Government and all rights held by a taluq-
dar in such property shall be deemed to have been extin-
guished and it shall be lawful for the Collector, subject to the 
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MANGAJL v. SfATE [KANIA, J.] 
499 
general or special orders of the Commissioner, to dispose A 
them of as he deems fit,
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