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april 1978

Supreme Court of India · 1978-04-14

STATE OF GUJARAT AND ANR. vs MAHARAJ SHRI AMARSHINHJI HIMATSINHJI

Citation / case number
SC 1976/60863
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT AND ANR.
Respondent
MAHARAJ SHRI AMARSHINHJI HIMATSINHJI
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court addressed the interpretation of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, specifically Sections 2(4)(i) and 10, regarding the proprietary rights of jagir holders. The Court upheld the High Court's ruling that the determination of the respondent's jagir as proprietary implicitly included rights to sub-soil minerals, thus rendering the Collector's enquiry under Section 37(2) of the Bombay Land Revenue Code incompetent. The Court affirmed the High Court's decision to quash the Collector's order, emphasizing the jurisdictional limits of the enquiry process.

STATE OF GUJARAT AND ANR. vs MAHARAJ SHRI AMARSHINHJI HIMATSINHJI · Niyam