SHYAMSUNDER TIKAM SHET & ANR. versus STATE OF MAHARASHTRA & ANR.

Citation: [1970] 2 S.C.R. 801 · Decided: 15-10-1969 · Supreme Court of India · Bench: V. RAMASWAMI · Disposal: Dismissed
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Judgment (excerpt)

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801 
SHYAMSUNDER TIKAM SUET & ANR. 
v. 
STATE OF MAHARASHTRA & ANR. 
October 15, 1969 
[V. RAMASWAMI AND I. D. DUA, JJ,J 
Bombay Khoti Abolition Act (6 of 1950), s. 12-Khoti-Rights in 
forest and waste lands. 
A Khoti in the district of Kolaba is only a hereditary farmer of land 
revenue and is entitled to hold a village as Khoti on his entering 
every 
year into the customary Kabulavat. 
The presumption is that forest tracts 
and old waste belong to Government unless the presumption is displaced 
by positive evidence that Government has granted rights in any particular 
tract or piece of land or has consciously allowed adverse rights to grow 
therein. 
Therefore, in the absence of a sanad or a deed or a grant grant-
ing proprietary rights over the soil a Klioti is not a proprietor of the lands 
constituted as reserved 1forest in the Khoti village and is not entitled to any 
proprietary rights in the uncultivated or forest land. 
In the present case the Special Deputy Collector (Khoti) Kolaba, 
directed certain, amounts to be paid to the appellants for their share of 
·compensation for Khoti rights in respect o.f reserved forest and unassessed 
land in a village under s. 12 of the Bombay Khoti Abolition Act, 
1949. 
'fhe Maharashtra Revenue Tribunal, in appeal, set aside the order and 
remanded the case for retrial stating the various points for decision, one 
elf which was, 'whether the appellants prove that they are the proprietors 
of the lands in the viliage or in the lands attached as a reserved forest to 
the said village'. 
In appeal to this Court, 
HELD : The appellants should be given sufficient opportunity by the 
Spe<:ial Deputy Collector for provi· ,g by oral and documentary evidence 
that they had proprietary rights in the status of Khoti and then dispose of 
the matter according to the law relating to the rights of a Khoti. 
'(808 G-H] 
Tajubai v. Sub-Collector of Kulaba, 5 Born. High Court Reports 132, 
Ganpati Gopa/ Risbud v. The Secretary of Stale for India, 26 Born. LR. 
754, Kodoth Ambu Nair v, Secretary 'of State for India, SI I.A. 257 and 
Sadashiv Parshram Risbud v. Secretary of State for India, 20 Born. LR. 
141, referred to. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 744 of 
1966. 
Appeal by special leave from the judgment and order dated 
February 25, 1965 of the Maharashtra Revenue Tribunal, Bom-
bay in No. Rev. A. 40 of l962. 
S. T. Desai and Naunit Lal, for the appellant. 
G. L. Sanghi and S. P. Nayar, for the respondents. 
8U2 
SUPREME COURT REPORTS 
[1970] 2 S.C.R. 
The Judgment of the Court was delivered by· 
Ramaswami, J. 
This appeal is brought by special leave from 
the judgment of the Maharashtra Revenue Tribunal, Bombay in 
Revenue Appeal No. 40 of 1962 whereby the Tribunal set aside 
the award of the Special Deputy Collector, (Khoti), Kolaba under 
s. 12 of the Bombay Khoti Abolition Act, 1949 directing the 
amount of Rs. 837.94 to be p~id to the appellants for their share 
of Rs. 0-12-1 1/3 share in village Kotheri, Taluka Mahal, District 
Kolaba and remanded the case for retrial stating the points for 
decision by the Special Deputy Collector. 
On October 9, 1950 the appellants made an application before 
the Collector of Kolaba for obtaining compensation for Khoti rights 
in respect of reserved forest and unassessed lands in accordance 
with the provisions of the Bombay Khoti Abolition Act, 
1949 
(Act No. VI of 1950) (hereinafter referred to as the Act). In 
the application, the appellants stated that the village Kotheri in 
Taluka Mahal was a Khoti village of Pat (leasehold) and that the 
appel!ants had a Khoti share of Rs. 0-12-H in the village. 
The 
appellants said that the total compensation which they claimed 
for the entire village came to Rs. 17,615/- and that the share of 
Rs. 0-12-1 1/3 came to Rs. 13,333-9-0. 
The appellants further 
claimed a sum of Rs. 7,480/- in respect of 'loss under the reserved 
forest (74 acres 32 gunthas)' and a sum of Rs. 6,850/- being the 
one-third share of "the price at the present market rate of the 
trees etc., that at present stand in the reserved forest". 
On Janu-
ary 31, 1962 the appellants filed before the Special Deputy Collec-
tor, Kolaba a preliminary statement. In that statement the appel-
lants contended that the Khots used to guard the forest in their 
proprietary rights in about the year 1860 A.D. and that the said 
land had been taken to the reserved forest. 
The appellants further 
contended
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