TMI Blog1962 (5) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... ve no manner of doubt that the rights claimed by the respondents could not have been enforced against the State, if the latter was not prepared to respect those rights and the rights created by the transactions between the respondents and their grantors did not come within any of the saving clauses of s. 5.Appeal allowed. - Civil Appeals Nos. 229 & 281 to 283/1961 With C. A. Nos. 281 to 283 of 1961. - - - Dated:- 4-5-1962 - SINHA, BHUVNESHWAR P.(CJ), ,GAJENDRAGADKAR, P.B., WANCHOO, K.N., AYYANGAR, N. RAJAGOPALA AND AIYYAR, T.L. VENKATARAMA, JJ. I.N. Shroff, for the appellant S. N. Kherdekar, B. N. Srivastave, N. K. Kherdekar and Ganpat Rai, G. C. Mathur, H.N. Sanyal, Additional Solicitor General of India and W. S. Barlingay and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the issue of the necessary notifications under s. 3 of the Act, the appellant, the State of Madhya Pradesh, took possession of all the villages comprised in the respective estates of the proprietors, who were the grantors of the several interest indicated above in, favour of the respondents The State refused to recognize the rights claimed by the respondents by virtue of the transactions aforesaid in their favour. In each case, the High Court relying upon the decision of this Court in Chhotabhai Jethabai, Patel and Co. v. The State, of Madhya Pradesh ((1953) S.C.R. 476) granted the relief claimed by the respondents, and hold that the several interests claimed by the respondents had not been affected by the coming into force of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oprietary rights through the proprietors, nor were their interests encumbrances within the meaning of that expression in s. 3 (1) of the Act. In that view of the matter, the Court granted the writs in favour of the petitioners. Naturally, the High Court granted appropriate reliefs to the respondents in this batch of cases, relying upon this decision of this Court. In the case of Shrimati Shantabai v. State of Bombay ((1959) S.C.R. 265) the same question came up to be re-examined by a Constitution Bench of this Court. The petitioner in that ease had obtained from the proprietor the right to take and appropriate all kinds of wood from certain forests in his estate, by an unregistered document. On the coming into effect of the Act, the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es which formed part of the proprietors estates, before the coming into effect of the Act. Some of the agreements were registered whereas others were not. The State did not respect those grants and put those rights to auction, after having taken possession of those estates, when they had vested in the State under s. 3 of the Act. The petitioners then moved this Court under Art. 32 of the Constitution complaining of the infringement of their rights to property. It was held by this Court that the agreements required registration, and in the absence of registered documents could not confer any rights, which were some interest in land. It was also held that rights conveyed to the petitioners under the agreements were proprietary rights which, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s controversy entirely against the respondents. It provides that when the notification under s.3 in respect of any area has been published in the Gazette, then, notwithstanding anything contained in any contract, grant or document or in any other law for the time being in force, and save as otherwise provided in this Act, the consequences as hereinafter set forth shall, ensue, namely, (a) all rights, title and interest vesting in the proprietor or any person having interest in such proprietary right through the proprietor in such area including land (cultivable or barren), grass land, scrubjungle, forest, trees ... shall cease and be vested in the State for the purposes of the State free of all encumbrances... (We have omitted the words wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interests in the estate of the proprietor himself or of an intermediary, except the tiller of the soil. This it does by vesting all proprietary rights in the State, of whatever grade, by issuing the notification under s. 3, vesting it in the State, for the purposes of the State free from all encumbrances. Section 4 lays down in great detail the rights which become extinguished on the vesting of the estate as aforesaid. What is saved to the proprietor or any other person claiming through him is set out in s. 5, cls. (a) to (h), on such terms and conditions as may be determined by the State. Hence any person claiming some interest as a proprietor or as holding through a proprietor in respect of any proprietary interest in an Al estate has got ..... X X X X Extracts X X X X X X X X Extracts X X X X
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