STATE OF GUJARAT versus GUJARAT REVENUE TRIBUNAL & ORS.

Citation: [1980] 1 S.C.R. 233 · Decided: 08-08-1979 · Supreme Court of India · Bench: N.L. UNTWALIA · Disposal: Dismissed

cites 2 · see the full citation network in Lexace

Judgment (excerpt)

233 
STATE OF GUJARAT 
v. 
GUJARAT REVENUE TRIBUNAL & ORS. 
August 8, 1979 
[N. L. UNTWALIA AND A. P. SEN, JJ.] 
Bon1bay Taluqdari Tenure Abolition Act, 1949- S. 6-Bon1bay Personal 
lnam.J Abolition Act, 1952-S. 7-Scope of. 
Words & phrases-Waste lands-Meaning of. 
The object and purpose of the Bombay Taluqdari Tenure Abolition Act, 
1949 and ·the Bombay Personal Inams Abolition Act, 1952 
was 
to abolish 
taluqdari and inamdari rights as a measure of agrarian reform. Section 6 of 
the former Act and s. 7 of the latter Act (both of which are identical in tenns} 
provide that among others " .... all unbuilt village site lands, all waste 
lands-
and all uncultivate lands (excluding lands used for building or other non-agricul-
tural purposes), which are not situate within the limits of the wantas ....... " 
shaU vest in the Government. 
The Explanation to this section provides "for the 
purposes of this section land shall be deemed to be uncultivated, if it has not been 
cultivated for a continuous period of three· years immediately before the date on 
which this Act comes into force." 
The respondents were former Taluqdars and Inamdars. 
Vast stretches of hilly 
tracks which were incapable of cultivation, but on which there was spontaneous 
growth of grass formed part of the taluqdari estates and iii.ams. 
When grass 
was cut from these lands, care was taken not to cut stubs but they were allow-
ed to remain in tact so that in the following year grass grew with the onset of 
rains. 
The respondents secured income from .the grass grown on the 
lands; 
for earning income they kept watchmen so that unauthorised pasturing 
by 
cattle did not destroy the growing grass. 
With the abolition of the ta1uqdari rights and inams the lands were regard-
ed as having vested in the Government. The respondents thereupon sought a 
declaration that the lands we~e neither vacant lands nor uncultivated lands and 
being in their possession they became the occupants thereof. The Mahalkari 
held that the lands were not waste lands or uncultivated lands and since the 
respondents were in possession thereof they became occupants. The Collector 
reversed this order and held that by reason of Explanation to s. 6 of the Taluq-
dari Abolition Act and Explanation to s. 7 of the Inams A'bolition Act, the lands 
should be treated as unoccupied lands and, therefore, they vested in the Govern-
ment. 
The Revenue Tribunal reversed the order of the Collector. 
On further appeal the High Court held that the lands were productive lands 
in the sense that grass grew naturally and that the Explanation contemplates 
only those lands which could be cultivated but which were left fallow and un-
cultivated for a cont'i'nuous period of three years. 
A 
B 
c 
D 
E 
r 
G 
H· 
2J4 
SUPREME COURT REPORTS 
[1980] 1 S.C.R. 
A 
Dismissing the appeals; 
B 
c 
D 
E 
F 
G 
e 
HELD : 1. 
The High Court as well as the Revenue Tribunal were right 
in holding that the disputed lands did not vest in the Government under s. 6 
of the Taluqdari Abolition Act and s. 7 of the lnams Abolition Act. 
[242AJ 
2. It would be evident from s. 6 that the vesting is in respect of properties 
which could be put to public use. 
It leaves private properties, of the taluqdars 
untouched. Public properties situate in a taluqdar's estate 
vested 
in 
the 
Government because they were meant for public use. 
In spite of vesting of 
such property in the Gove1nment, the conferral af the rights of an occupant 
on a taluqdar under s. 5(1)(b) in respect of the lands in his actual possession 
is saved. 
[239D-F] 
3. The contention that the grass lands on hilly tracks which were incapable 
of cultivation were waste lands and uncultivated lands within the meaning of 
s. 6 cannot be accepted. The expression .. all waste lands" has been joined by 
the. conjunction "and" with the expression "all uncultivated lands". They indi-
cate two distinct types of lands. 
H the legislature had intended that the afore-
said expression should indicate one class of lands the expression would have 
been "all waste and uncultivated lands" as against the expression "all waste 
and uncultivated lands". There are, therefor, two distinct categories of pro-
perties viz., waste lands and uncultivated lands. [240A-B1 
4. The expression "waste lands'' means lands which are desolate, abandoned 
and not fit ordinarily for use for building purposes. In the sequence in which 
the expression waste lands appears in the two sections it can

Excerpt shown. Read the full judgment & AI analysis in Lexace.