STATE OF GUJARAT & ANR. versus KAMLABEN JIVABHAI & ORS.

Citation: [1989] 2 S.C.R. 687 · Decided: 21-04-1989 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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STATE OF GUJARAT & ANR. 
v. 
KAMLABEN JIV ABHAI & ORS. 
APRIL 21, 1989 
[E.S. VENKATARAMIAH, N.D OJHA AND 
KULDIP SINGH, JJ.) 
Gujarat Surviving Alienations Abolition Act, 1963-Sections 
2(3)(d), 6 & 13-Act protected in view of inclusion in Ninth Schedule-
Section 2(3)(d)-Alone specifically excluded from protectimt of Article 
3 lB-Law relating to agrarian reform-Held the rights of the respon-
dents ariSing out of the forest area validly extinguished-Are entitled to 
payment of compensation notwithstanding the provisions of Art. 14, 19 
& 31 of the Constitution of India by virtue of Art. 31(A)(I). 
One Darbar Harsurvala by virtue of a declaratory decree made 
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B 
c 
in 1884 had the hereditary right of collecting grass, firewood, timber D 
etc. from Gir Forest in the erstwhile state of Junagarh. This right 
devolved on his son Jiva Vala. The State by an agreement dated 10th 
August 1914 agreed to pay Rs.3,500 every year to Jiva Vala and on his 
demise to his heirs, in lieu of the right to collect grass, firewood etc. 
In January 1965 the revenue authorities issued a notice to the 
Respondents-successors-in-interest of Harsurvala that the right to 
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receive the aforesaid amount had come to an end on the coming into 
force of the Gujarat Surviving Alienations Abolition Act, 1963 and 
asked them to refund the amount paid to them for the year 1963-64. The 
respondents filed a declaratory suit for a declaration that they con-
tinued to enjoy the right to receive Rs.3,500 hereditarily and for an 
injunction restraining the State from recovering the amount already F 
paid to them. The Trial Court dismissed the suit. On appeal the District 
Judge allowed the appeal holding that the right to receive the amount 
annually had not come to end. The High Court confirmed the decree 
passed by the District Judge. The State came up in appeal by special 
leave against that judgment of the High Court. Allowing the appeal, 
this Court. 
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HELD: The Gujarat Surviving Alienations Abolition Act, 1963 
was passed with the object of abolishing certain alienations which 
were not affected by the earlier enactments which had been enacted 
for the abolition of various kinds of alienations in the State of 
Gujarat. [690G I 
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687 
688 
SUPREME COURT REPORTS 
[1989] 2 S.C:.R. 
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The Act is included in the Ninth Schedule to the Constitution as 
'f 
B 
c 
D 
E 
F 
Item No. 33. [692F] 
Sub-clanse (d) of clause (3) of section 2 of the Act having been 
specifically excluded, the said clause does not receive the protection of 
Article 31-B of the Constitntion oflndia. [692G] 
The 1963 Act should be construed as having the effect of bringing 
abont the extinguishment of the right in an estate for the purpose of 9 
better management of the forest area keeping in view the interests of the 
people of the State in general, and of the people living in or around the 
Gir Forest, in particular. [696C] 
In order to treat a particular law as a part of an agrarian reform 
contemplated under Art. 31 A(l) it is not necessary that on the land 
which is the subject matter of the said law actual cultivation should be 
carried on. [695E] 
In the instant case, the right which the family of the respondents 
possessed was the right to collect grass, fire-wood and timber etc. from 
the Gir Forest and that right had already been surrendered under the 
agreement dated 10-8-1914 by the said family in lieu of the annual 
payment of Rs.3,500. The right which was being en.joyed by the pre-
decessor-in-interest of the respondents was a pasture. [693C-D! 
The extinguishment of the right to receive a certain amount in lieu 
of the right to remove timber, grass, etc. from a forest area, therefore, 
formed part of the process of agrarian reform contemplated under Art. 
31-A(I) as there was clear nexus between the agreement to pay the 
amount and the rights arising out of the forest area. [695H; 696A) 
The respondents are entitled to the payment of whatever compen-
sation is payable under the Act notwithstanding the provisions of Arti-
cle 14 and 19 and Articles 31 of the Constitution oflndia. [696E-J'] 
State of Kera/a & Anr. v. The Gwalior Rayon Silk Manufacturing 
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(Wvg.) Co. Ltd. etc. [1974) l SCR 671, referred to. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1357 
of 1973. 
From the Judgment and Order dated 10.10.1972 of the Gujarat 
H High Court in Second Appeal No. 93 of 1968. 
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STATE OF GUJARAT v. KAMLABEN [VENKATARAM!All, J.] 
689 
G.A. Shah a
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