Writ Petition No. 105 of 1969 · Supreme Court of India

(ii) In Durga Prasad's case the Allahabad High Court has pointed out the history of cl. (d). Tho High Court has taken the view that s. 2(1)(d) is limited to lands which are being used for agricultural pur poses. The conclusion must be held to be correct though for different reason•- On this construction of s. 2(l)(d) it cannot be said that this provision is not connected with agricultural reforms. It could according ly receive the protection of ArL 3 lA and would be· immune from attack on the llJ'Ound of violation of Articles 14, 19 and 31. [792C] Durga Prasad v. Board of Reve11ue U.P. Allahabad and others, A.LR. 1970 AIL 159, referred to. (iii) The report of the Commission: would not show that the land in dispute was a grove within the meaning of s. 2(6) of the U.P. Tenancy Act, 1939. As the appellants had given the old number of the plot their petition the Government did not reply to the allegation in the peti tion.

Accordingly it was not possil;>Je to express any concluded opinion on the question whether the land in dispute was an 'agricultural area' on the date specified under s. 2( 1) and was being used for horticulture_ The issue must be decided afresh by the appropriate authority under the Act. If it i• held by him that the land in dispute is an 'agricultural area' and the State Government issues a notification under s. 8 of the Act with respect to the land, the appeals will be. disposed of by the High Court in accordance will). the provisions of the Act. [793C] [Notification dated Juno 16, 1964 quashed, and orders of the High Court abating the appeals ind suits set aside.] ORIGINAL JURISDICTION : Writ Petition No. 105 of 1969. Petition under Article 32 of the Constitution of India for the enforcement of fundamental· rights and Civil and Appeals Nos. 1402 and 1403 of 1969. · Appeali by special leave from the judgm~nt and order dated July 25, 1968 of the Allahabad High Court at Allahabad in Second Appeal Nos.

425 of 196() and 1649 of 1962. R. K. Garg and S. C. Agarwal for the petitioners (in writ petition) and for the ~ppellants (in appeals) G. N. Dikshit and 0. P. Rana. for the respondents (in writ petition) · · C. B. Agirrwala and M. M. Kshatrlya, for the respondents (in appeals). The Judgment of the Court was delivered 1fy DwlvEDI, J.-These three cases have a common origin and are accordingly. being disposed of by a common judgment. The city of Meerut iS a mwiicipality in Uttar Pradesh. Plot No. 4635A (old number 5199) ii located therein. It. has an It formed part of the zamindari area of 1 bigha and 2 biswas. estate belonging to Lala Nanak Chand Trust. The trUSt is a: charitable tntst vested in the Treasurer of Charitable Endowments A B c c H s. and is managed by the Collector of Meerut through a commitJee of ¢rustees. On June 23, 1926, a lease deed was executed on behalf of the trust and in favour of one Bateshwar Dayal.

By the deed the aforesaid plot was let to Bateshwar Dayal. The lease was granted "for the purpose of planting a grove, erecting b'Uild ings and digging wells etc. " The yearly fixed at Rs. 12/8/-. The lease was a for a terms of 30 years with effect from June 1, 1926. The Jessee agreed to surrender the land and all buildings standing thereon to the lessor on the expiry of the period of lease. The buildings would biecome the property of the lessor. He would have them without paying any compensation to the lessee. The lessor agreed that on the expiration of the period of lease he would at the request of the lessee grant to the lessee a new lease for another term of 30 years. rent was The initial period of 30 years expired on July 1, 1956. There upon the trust instituted suit No. 690 of 1956 for recovery of possession over the aforesaid land from Bateshwar Dayal. Durin ~ pendency of this suit Bateshyar Dayal died on March 6, 1958.

The suit was dismissed by the trial court on October 24, 1958. It was, however, decreed by the first appellate court on November 30, 1959. The appellate court granted six months' time to the defendants to institute a suit in the appropriate court tor specific performance of the agreement to- re-let for another term of 30 years. Bhagwat Dayal and others, heirs of Bateshwar Dayal, then instituted suit No. 34 of 1960 in the appropriate court for specific performance of the agreement to re-let the land for another term of 30 years. The Trust contested this suit, inter alia, on the ground that it was barred by limitation. This plea was upheld by the trial court and the suit was dismissed on October 30, 1961. The first appellate court affirmed. the decree of the trial court on March 23, 1962. Bhagwat Dayal and others filed a secQnd appeal in the Allahabad High Court against the judgment and decree passed in the suit filed by the Trust on January 5, 1960.

They also filed a second appeal against the judgment and decree in their own suit on April 23, 1962. While those appeals were pending, the _U.P. Urban Area Zamindari Abolition and Land Reforms Act, 1956 (hereinafter called the Act) was enforced i:n the city of Meerut. The land in dispute was declared "agricultural area" under the said Act. Thereafter a notification was issued on June 16, 1964 under s. 8 of the Act vesting the land in the State. 786 SUPREME COURT REPORTS ["1973] 3 S.C.R. Bhagwat Dayal then moved an application Q!efore the High Court for abating the two appeals as well as the two suits out of which those appeals had arisen in accordance with the provisions of the Act. The High Court passed an order abating both the suits and appeals. The order was made on July 25, 1968. Against this order the appellants have filed two appeals in this Court by special leave. The appellants say that they have filed the writ petition No. l 05 of 1969 by way of abundant caution.

The prayer in the petition is that the notification issued under s. 8 of the Act should be It is alleged in paragraph 4 of the petition that the dis quashed. In paragraph 20 of the puted plot is a part of Kathi Babu Wali. writ petition it is reiterated that the disputed plot forms part of a residential Kothi within the municipality of Meerut and is non agricultural area. It is alleged that the impugned notification is violative of the provisions of Articles 14, 19 ( 1) ( f) and 31 of the Constitution and is accordingly unconstitutional. Before mentioning the arguments of Shri R. K. Garg, counsel for the appellants, it is necessary to have a look at the relevant provisions of the Act. The preamble to the Act states that it is expedient to provide for the abolition of Zarnindari system in agricultural areas situate in urban areas in Uttar Pradesh and interest of . inter "for the acquisition of the mediaries between the tiller of the soil and the State in such areas and for the introduction of the land reforms therein.

". Section 2 in the definition clause, Sub-section ( l) of it defines the expression "agricultural area". As this provision is important for this case, we are setting out its relevant portion. rights, title and "Agricultural area" as respects any ur~an area means an area which, with reference to such date as the State Government may notify in that behalf, is- F " (a) in the possession of or held or deemed to be held by an intermediary as sir, khudkasht or an intermediary's grove; (b) held as a grove by or in the personal cultivation of a permanent lessee in Avadh; or ( c) included in the holding of ( i) a fixed-rate tenant, (ii) an ex-proprietary tenant, (iii) an occupancy tenant, (iv) a tenant holding on special terms in Avadh. (v) a rent-free grantee, (vi) a grantee at a favourabl~ rate of rent. G H H s. P. WATEL v. U.P. STATE (Dwivedi, /.) 787 (vii) a hereditary tenant, (viii) a grove-holder, (ix) a sub-tenant referred to in sub-section (4) Of section 4 7 of the U .P. Tenancy Act, 1938, or (x) a non-occupancy tenant of land other than land referred to in sub-section ( 3) of Sec tion 30 of the U.P. Tenancy Act, 1939, and is used by the holder thereof for purposes of agriculture or horticulture : Provided always that land which on the date aforesaid is occupied by building not being "im provements" as defined in Section 3 of the U.P. Tenancy Act, 1939, and land appurtenant such buildings shall not be deemed to be agricul tural area.

( d) held on a lease duly executed before the first day of July, 1955 for the purposes of erecting build ings thereon; or ( e) held or occupied by an occupier ...... " Section 2(7) defines an "intermediary", inter alia, as a pro prietor of an agricultural area. Section 2(12) defines "proprietor" as a person owning whether in trust or for his own benefits an agricultural area. Section 2(16) states that the words and ex- pressions, "grove", "grove-holder", "grove~land" and "holding" shall have the meaning assigned to them in the U.P Tenancy Act, 1939 .. Section 3 provides for demarcation of agricultural area in urban areas. Section 4 provides for publication of preliminary It proposals 'Yith respect to -demarcation of agricultural areas. provides also for inviting objections to the proposals. Final de- marcation is made by the Commissioner under s. 5. Section 8 provides that after agricultural areas have been demarcated ·under s.

5, the, State Government may, at any time by notification in the gazette, declare .that as from a date to be specified all such areas situate in the urban area shall vest in the State. From that date all such agricultural areas shall stand transferred to and· vest in the State free from all encumbrances. Section 10 provides for the consequences of vesting. All rights, title and interest of an intermediary in an agricultural area cease and become vested in the State free from all encumbrances. All suits and proteedings of the nature to be prescribed by rules, and pending in any court, on the date of vesting, shall be stayed. Section 17 (1) is important for our purposes, and we are quot ing the material portion of it. "Section 17. Settlement of certain lands with inter mediaries or cultivators as bhumidhars-( 1) subject to the provi~ions of Section 16 and 18- ( a) alI lands in an agricultural area'- ( i) in possession of, or held or deemed to be held by an intermediary as sir, khudkasht or an intermediary's grove, (ii) held as a grove by, or in the personal culti vation of a permanent lessee in Avadh, (iii) held by a fixed-rate tenant or a rent-free as · such, or (iv) held as such by- (i) an occupancy tenant, (ii) a h':reditary tenant, (iii) a tenant on paua dawami )-to transfer I I possessing the right J the holding by sale. or istamrari (iv) held by a grove-hOlder · on the date immediately preceding the date of vesting, and (b) all lands in- an agricultural area held on lease duly made before the first day of July, 1955, for the. purpose of. erecting building thereon, shall be deemed to be settled by the State Government with such intermediary, lessee, tenant, grantee or grove holder, as the case may be, who shall subject to the pro visions of this AClt, be entitled to take or retain posses sion· as a bhumidhar thereof.

" Section 19(j) provides that notwithstanding anything con tained in the Act, every person who, on the date immediately pre ceding the date. of vesting occupied or held land in an agricultural area as a sub.·lessee from a person holding land under a lease referred to in cl. (b) of sub-section ( 1) shall be deemed to be an asami thereof. Section 20( 1) provides that a bhumidhar of the land referred to in cl. (b) of sub-s. (1) of. s. 17, inay, within one year from the date of vesting, apply to the Assistant Collector, Incharge of the Sub-Division for ejectment of asami belongiag to the class mentioned ins. 19(j) on the ground that he wants to~ the land held by the asami for the purpose of erecting buildings thereon. If the Assistant Collector is satisfied after inquiry that the applicant intends to use the land for the purpose of erecting buildings thereon, he may. order ejectment of the asami from the ·applicant shall such land.

After ejectment of the asami, erect a building thereon within three years of the date of the order of .ejectment. If the bhumidhar does not file an applicati!lll !or ejectmellt or if the order of ejectment passed on any applicatmn is not executed within . the prescribed period of. lit1litation, asami shall become a sirdar of the lauv. The rigi1ts, title and s. P, WATEL v. U.P. STATE (Dwivedi, /.) 78& A B interest of the bhumidhar shall be deemed to have been acquired under s. 10, "as if the lilumidhar were an intermediary on the date of vesting. " If the bhumidhar fails to erect buildings within three years, he shall be liable to pay to the asami or any persoo claim ing through him an amount equal to live timos tho rent payable by asami at the time of his ejectm.ont. According to s. 24 an intermediary whose right, title or interest in any agricultural area is acquired under the Act shall be entitled to receive compensation as provided for therein.

Rules have been framed under the Act. They arc known as the Uttar Pradesh Urban Areas Zamindari Abolition and Land c Refonn Rules, 1957. Rule 38 provides for stay, inter alia, of suits and appeals arising under s. 180 of the U.P. Tenancy Act or of a similar nature pending in a civil coun. Ruic 39 provides In the pre!!!nt case the for abatment of such suits and appeals. second appeals and the suits from. which they had arisen were abated under this rule tly the High Coun. D E F Section 2(6) of the U.P. Tenancy Act, 1939 defines "grove- land" as meaning "any specific piece of land in a mahal or mahals: having trees planted thereon in such numbers that they preclude, or when full grown will preclude the land or any considerable portion thereof trom being used primarily for any other purpose, and the trees on such land consti'!ute a grove. " Section 2(7) defines the word "holding". It means a parcel or parcels of land· held under one lease.

Section 2(10) defines the word "land" as meaning land which is let or held for growing of crops, or as grove-land or for pasturage. It does not include land for the time· being occupied by buildings or appunenant thereto other than the buildings which are improvements. The word "grove-holder" is defined in s. 205 of the said Act. A person who has planted a grove on land which was let or granted to him by a landlord for the purpose of planting a grove is called a "grove-holder" of the· grove. The first argumcwt of Shri Garg i~ that the lease involved in these cases was a. lease for the purpose. of erecting buildings and that accordingly it falls within the purview of cl. (d) of sub-section (d) is violative of. (1) of s. 2 of the Act. Articles 14, 19 and 31 of the Constitution and is invalid. On that premise being correct, it is further said that the land in dispute will not be an agricultural area within the mear\ing of the said expression under the Act.

Consequently, the notification of the State Government acquiring the land in dispute is invalid. It is urged that cl. The lease is "for the purpose of planting a grove, erecting buildings and digging well etc. " It may be observed that the lease Instead of erecting buildings. is. not an exclusively building lease. H • 790 SUPREME COURT REPORTS [1973] 3 S.C,R. the lessee could plant a grove. Admittedly no buildings have been A constructed. The case of the respondents was that Bateshwar If Bateshwar Dayal had planted a Dayal had planted a grove. grove and if the grove was existing on the date specified under s. 2 of the Act and was then being used by the respondents as a grove, the land in dispute would b¢ covered bys. 2(l)(c)(vili) of the f>ct. ( d) of the Act. As the lease is liable to be placed under either of these two classes, it will not be correct to place it exclusively under cl. (d). In that event it will be out of the purview of s.

2 (1) B The Act as a whole is protected by Article 3 lA of the Consti tution. Shri Garg's contention, however, is that as s. 2 (1) ( d) is not at all connected with agricultural reforms, it cannot receive the protection o.f Article 3 lA and will be open to challenge for viola In terms s. 2(l)(d) does not tion of Articles 14, 19 and 31. appear to be connected with the object of agricultural reform. But a close scrutiny of its context and the object of the Act would reveal that it is so connected. All other clauses of s. 2 (1) except cl. ( d) are clearly con nected with the object of agriculiural reform. They include in an "agricultural area" only such land as is being used for growing crop or as a grove or as a pasture land on the date specified in s. 2(1). The proviso to s. 2(1)(c) expressly exch1des from "agri cultural area" land which is occupied by buildings, not being im provements, and land appurtenant to such buildings.

Having re gard to this proviso, it is difficult to believe that s. 2 ( 1 )( d) was intended by the legislature to apply to land which is not an agri "Agriculture" means "the science and the art of cultural area. cultivating the soil; including the gathering in ol' the crops, and the rearing of live-stock; farming (in the widest sense)". (Shorter Oxford Dictionary, 3rd Edn. Vol. I, p.37). So, ordinarily "agri cultural area" would mean an area used for cultivation or farming. Section 2 (1) includes groves also. Clause ( d) should take its colour from this inherelJI meaning of "agricultural area" which is being defined in s. 2 (1). . Section 17 (1) confers bhumidhari rights on certain classes of lands. Section 17 ( 1) has two persons over certain kinds of clauses (a) and (b). Lands specified in cl. (a) are used for growing crops or as a grove. It is significant to observe the diffe rence between the language of s.

2 ( 1 ) ( d) and s.17 ( 1) ( b) . While section 2(1 )( d) refers to "agricultural area", section 17 (1 )(b) is exnressly limited to "lands in agricultural area held on lease .. for the purpose of erecting buildings thereon. " As the subject matter of s. 2(1 )( d) and s. 17 (1 )(b) should be identical, it appears to us that the expression "agricultural area" in s. 2(1 )( d) should be construed as "lands in agricultural area". If the dcfini- s. tion of "land" in the U.P. Tenancy Act is _applied to s.17(1), as it should be, section 17 (I )(b) will confer bhumidhari rights on a lessee of land which is used for growing crops or as a grove or as a pasture land although the lease may have been granted for erecting buildings. The marginal note to the section supports this construction. Section 19(j) provides that a sub-lessee from a person "hold ing land under a lease referred to in cl. (b) of sub-section ( 1) of s.

17''. shall be an asami. This provision also shows that the agricultural area referred to in s. 2 ( 1) ( d) should on the relevant date bie used for growing crops or as a grove or as a pasture land. It is not possible to take the view thats. 2(l)(d) compasses a wider geography than s. 17 ( 1) (b). Such a COJ!Struction would create an anomaly. The lessee would become bhurnidhar of only such portion of the land as is being used for growing crops or as a grove or as a pasture land. The rest of the agricultural area let out to him for the purpose of erecting buildings would vest in the Government. But he would get no compensation for that portion, for under s. 24 compensation is payable only to an inter mediary. But he is not an "intermediary" as defined ins. 2(7), nor a sub-intermediary as dejlned in s. 2( 14). He is deemed to be an intermediary for a limited purpose under s. 20( 4) but that provision is not material for our purpose.

This anomaly will not result if "agricultural area" in s. 2( 1) ( d) and 'land in an agricul tural' area in s. 17 ( 1) (b) are construed as perfec!ly over-lapping. The preamble to the Act shows that the obje,:t of the Act is to acquire right, title or interest of intermediaries between the tiller of the soil and the State and for the introduction of land reforms therein. Having regard to the context already pointed F out and this object of the Act it seems to us that s. 2(1) (d), though apparently expressed in wide language, is limited to lands which are on the relevant date being used for growing crops or It does not apply to lands which are as grove or as pasture land. not being so used. G H The history of the framing of s. 2 ( 1) ( d) fortifies this inference. introduced in the The Bill which consummated in the Act was Legislative Assembly on August 6, 1955. It was referred to a Joint Select Committee.

The Joint Select Committee's report and the Bill as amended by it were published in lhe Uttar Pradesh Gazette, dated February 4, 1956. Clause (d) of s. 2(1) was incorporated in the amended Bill by the Joint Select Committee. It read as follows : "held on a lease duly executed before the first day of July, 1955 for the purpose of erecting buildings thereon, but which is being used for the purposes of agriculture either by the holder thereof 7~2 SUPREME COUR'.l' REPORTS 11973] 3 s.c.R. A or by any person claiming under him. " . Clause ( d) was passed in this form by 'the Legislative Assembly on December 3, 1956. The Bill then went to the Legislative Council. · But before reaching there it was pruned by the Secretary of. the Assembly.· He deleted the last part of cl.· ( d) as passed by the Legislative Assembly. The Legislative Council passed cl. ( d) as pruned by the Legislative Secretary. Thereafter the Bill received the assent of the Governor · B and of the President.

It seems that the Secretary thought that the deleted portion of cl. (d) was redundant; and so he eliminated it. Jn· Durga Prasad versus Board of Revenue U.P. Allahabad and ) the Allahabad High Court has pointed out 'this history . others, ('1 of cl. ( d). · The High Court has taken the view that s. 2 ( 1 )( d) is limited to lands which are being used for agricultural purposes. We have come to the same conclusion though for different reasons . . On this construction of s. 2 ( 1 )( d) it cannot be said that this It would provision is not connected with agricultural refo.rms. accordingly receive the protection of Art. 3 lA and would be immune from attack on d1e ground of violation of Articles 14, 19 and 31. c D. It would follow from the· foregoing discussion that only such lands as are being used for growing crops or as grove or as pasture It is alleged in the writ land may be acquired under the Act. · petition that the land in dispute is a part of kothi Babu Wali and was not used for agricultural purposes.

The petition mentions the.old number of the plot which was 5199. · The new number of the plot is 4635A. The State Government has filed a counter affidavit. They have assumed that the petition refers to the plot now given the new number 5199. The counter-affidavit does not deal with the disputed plot now numbered 4635A. · But the des cription of the plot in disoute given in the petition leaves no It is strange that room for. doubt about the identity of. the olot. the counter-affidavit did not squarely deal with the ·allegations in the petition .. The appellants' allegation that the land in dispute residential kothi land and forms oart of a is non-agricultural remains unanswered in the counter-affidavit. · In the suit the· respondent's· case was that Bateshwar Dayal, their predecessor-in-interest. had planted a grove on the land in dispute. The trial court had aooointed a Commissioner for finding out· whether there stood a . grove on the ·land in dispute.

On October 16, 1956, the Commi<sioner submitted his renort to the trial: court. It appears from his report that about a half of the plot towards the western side was then "quite vacant. ". On the western boundary cf the plot there stood two sheesham and three mango trees; on. the northern boundary_ of the plot there were four (I) AJ.R. 1970 All 159. • t • I' s. P. WATEL v. U.P. STATE (Dwivedi I.) 793 In the eastern guava trees, one plum tree and a thorny tree. half of the plot there were about 18 or 19 "scattered guava trees" Trees standing on the boundary of the plot will not prevellt the use of the land for a purpose other than grove. The western half In the eastern half the 18 could be used for any other 1mrpose. or 19 "scattered" guava trees could apparently not prevent the use of the land for any other purpose. The report of the Com missioner would not show that the land in dispute was a grove within the meaning of s.

2(6) of the U.P. Tenancy Act, 1939. As the appellants had given the old number of the plot in their petition, the Government did not reply to the allegations in petition. Accordingly, it is not possible to express any concluded opinion on ihe question whether the land in dispute was an "agri cultural area" on the date specified under s. 2 ( l) and was being used for horticulture. The issue should now be decided afresh b'y the appropriate authority under the Act. In the result, we allow the writ petition and quash the Governc ment notification under s. 8 of. the Act, dated June 16, 1964 with respect to the land in dispute. We direct the Government proceed afresh with respect to the land in dispute in accordance with ss. 3, 4, 5 and 8 of th Act. If it is found in the course of enquiry under ss. 3, 4, and 5 •that the land in dispute was an "agricultural area" and was being used for agriculture or horti culture on the relevant date, it will be open to 1he Government If, on the to issue a notification with respect to it under s.

8. other hand, it is found in that enquiry that it was not an "agricul tural-area'' on the said date, no notification under s. 8 should be issued with respect to it. The appeals are also allowed. The orders of the High Court abating the appeals and the suits are set aside. The High Court will restore the appeals and the suits to their original numbers. The appeals will be decided on merits when the appropriate authority under s. 5 of the Act has held that the If it is held by him land in dispute is not an "agricultural area". •that the land in dispute is an "agricultural area" and the State Government issues a notification under s. 8 of the Act with respect to the land, the appeals will be disposed of in accordance with the provisions of the Act. In the circumstances of this case parties shall bear their own costs. G.C. Appeals allowed. J.-LJ97Sup. Cl/71