THE COLLECTOR OF BOMBAY vs NUSSERWANJI RATTANJI MISTRI & OTHERS.

The Supreme Court held that under Section 2 of the Foras Land Act (Bombay Act VI of 1851), occupants of Foras lands have a specific right to hold the lands subject to the payment of revenue not exceeding what was then payable. The Court clarified that the right of the Government to levy assessment was not extinguished by the Land Acquisition Act (VI of 1857), which only vested the lands in the Government and extinguished the occupants' rights. Furthermore, it was established that an absolute sale by the Crown does not imply the land is conveyed revenue-free, and the Foras tenure was extinguished upon acquisition, thus the respondents cannot claim a right to pay assessment at the previous rates under the Foras Land Act.