TMI Blog1968 (1) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... avdeo Mishra-the predecessor-in-title of the respondent-the jagir of Mauza Siroli, situated in Pargana Gwalior. After the issue of the notification under s. 3 of the Abolition Act, all the property in the jagir including jagir lands, forests, trees, fisheries, wells, tanks, ponds etc. stood vested in the State under s. 4 of the Abolition Act. Under S. 5 (c) of the Abolition Act, all tanks, trees, private wells and buildings in or on occupied land belonging to or held by the Jagirdar or any other person were excluded from vesting. Section 2 (1 ) (ix) of the Abolition Act defines occupied land as follows: (ix) Occupied land means land held immediately before the commencement of this Act on any of the following tenures, namely: (a) Ex-proprietary; (b) Pukhta Maurusi; (c) Mamuli Maurusi; (d) Gair Maurusi; and includes land held as Khud Kasht and land comprised in a homestead; Section 3, 4 ( I ) (a) and 5 (c) of the Abolition Act are reproduced below : 3. Resumption of Jagir-lands by the Government.- (1) As soon as may be after the commencement of this Act, the Government shall by notification in the Gazette, appoint a date for the resumption of all Jagi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of vesting of the tank which shall be exercisable to, the extent and subject to the terms and conditions specified in the lease : Provided further that no tank shall vest in the State Government, unless- (a) after making such enquiry as he deems fit, the Collector is satisfied that the tank fulfils the conditions laid down in this sub-section; and (b) notice has been served on the parties interested and opportunity given to them for being beard. (2) Any person claiming in any such tank any interest other than the right of irrigation or nistar, may, within a period of four years from the date of vesting under sub-section ( I ), make an application in the prescribed form to the Collector for compensation in respect of his interest. (3) Such compensation shall be 15 times the land revenue assessable on the land covered by the tank and for purposes of assessment such land shall be treated as irrigated land on the same quality as the adjoining land. (4) The compensation as determined under subsection (3) shall be paid by the Collector to the person or persons proved to his satisfaction to be owning interest in the tank concerned. On April 5, 1961, the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be decided by the Jagir Commissioner in the manner required by s. 17 of the Abolition Act. It is necessary at this stage to reproduce ss. 8, 15, 17 and 18 of the Abolition Act which are to the following effect : 8. Duty to pay compensation.-(I) Subject to other provisions of this Act the Government shall be liable to pay to every Jagirdar whose Jagir-land has been resumed under Sec. 3, such compensation as shall be determined in accordance with the principles laid down in Schedule 1. (2) Compensation payable under this section shall be due as from the date of resumption and shall carry simple interest at the rate of 2 1/2 per cent per annum from that date up to the date of payment : Provided that no interest shall be payable on any amount of compensation which remains unpaid for any default of the Jagirdar, his Agent or his representative-in-interest. 15. Payment of compensation money.-(1) After the amount-of compensation payable to a Jagirdar under Sec. 8 is determined under clause (a) of Sec. 13 and the amount deducted from it under Sec. 14, the balance shall be payable in maximum ten annual instalments. (2) The amounts determined under clauses (c), (d) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enabling him to pay compensation to the person who in his opinion is entitled to receive it. In our opinion, the scope of the inquiry under s. 17 only relates to disputes with regard to rival claimants to jagirdari title or right in jagirdari lands already resumed under s. 3 of the Abolition Act. In other words, the inquiry by the Jagir Commissioner or the decision of the State Government under s. 17 does not embrace within its scope any dispute as to whether any particular property falls within s. 4 (I) (a) read with s. 5 of the Abolition Act and whether it has or has not in consequence vested in the State Government by the notification issued under s. 3 of the Abolition Act. It is also necessary to add that the inquiry contemplated under s. 17 by the Jagir Commissioner relates to compensation to be paid to the jagirdar whose jagir is vested in the State Government and once the compensation is determined and paid, no further inquiry under s. 17 is contemplated. We are accordingly of the opinion that the High Court was in error in holding that s. 17 of the Abolition Act is applicable to the case and that the dispute raised by the respondent should have been determined in accordance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ited jurisdiction; for the existence of the limit necessitates an authority to determine and enforce it : it is a contradiction in terms to create a tribunal with limited jurisdiction and unlimited power to determine such limit at its own will and pleasuresuch a tribunal would be autocratic, not limited-and it is immaterial whether the decision of the inferior tribunal on the question of the existence or non-existence of its own jurisdiction is founded on law or fact.; a Court with jurisdiction confined to the city of London cannot extend such jurisdiction by finding as a fact that Piccadilly Circus is in the ward of Chepe. The same principle was enunciated by the Court of Appeal in White Collins v. Minister of Health([1939] 2 K.B. 838.). The question debated in that case was whether the High Court had jurisdiction to review the finding of the administrative authority on a question of fact. It appears that Part V of the Housing Act, 1936, enabled the local authority to acquire land compulsorily for the provision of houses for the working classes, but s. 75 of the Act provided that nothing in the Act was to authorise the compulsory acquisition of land which at the date of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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