# The Callectar South Satar a v. Lax man Mah ado Deshpanie

- **Citation:** [1964] 2 S.C.R. 48
- **Court:** Supreme Court of India
- **Decided:** 1964
- **Case number:** Civil Appeal No. 289 of 1961
- **Bench:** P. B. Ga.Jendragadkar, K. N. Wanciioo, 1\1. Hidaya1Tllah, K. C. DAS GrPTA, ]. c. SHAil
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/the-callectar-south-satar-a-v-lax-man-mah-ado-deshpanie-2939
- **Pages:** 13

## Headnote

ll"a/~01 /11,ntl.-:-Jlr.:nouption by
(/01:ernntf.nl-.\'at~trc uf tit-(',
t•·n lllC of land ltr:.ld original1.y aJt u:aLa11. 111n,[ 1 afrcr C1J1n111 ut~1ti•Jli
of ,w·"icc-lion./my llcrcdila(// OJ/i•:C·i Ad, l.\'71 ([/I of IS]./),
s.<. 4, J', (1) (2), cl. (3),
·?~-/,oss of ll"aian riJ/d8 ;,. la11J-
(Jranl of co1np(;n.sation if ~onte-nipfrllCJl-lfrJJnbay ?ara1an 11 a111l
!lalkuo1i Walans (Abolition) Act, IU(JO (B'"''· L.\. of 1950),
.<s. 3, 4, G, 9 (/) (2) (") (J).
Ou abolition of his u1ata11, the respondent applied lo the
c~iitcctor claiining co1npcnsatiou un<lcr s. 9 of the llotnliay
Parag,\na antl Kulkarni Watans (1\bolition) :\ct, 19'.:>0, for
extinction of his right in che 11.'alan larid, ar.cl of his ''right !o
enjoy part of the land revenue." The (;"J[!cctor rejected the
application and in appeal the order \Vas
afl'1nned by t!1c
Revenue 'l'rihunal.
'l'l1t Iligh Con~ t ia a
petiti.Hl uuLl.t:r
;\rt. 227 of the C\lllStitution set aside thC' order of the Col!ccto:-
and directed hirn to assess and pay C·Hnpensation to the respondent under s. 9 (I~ of the Act.
llel<l, that the u·alan property-if any-the hereditary
office, and the rights and piivilcges attached thereto, 1ogcther
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• -
2 S.C.R. SUPREME COURT REPORTS
49
constitute a watan, and a hereditary office does not lose its
character merely because the service originally appertaining to
the office has ceased to be demanded.
Commutation of
service does not in the absence of an .express agreement to that
effect alter the tenure of the land held as watan.
By agreement,
the State may relieve the holder of the office and his successors
of the duty to perform the service for which the grant was
made, but the office and the grant continue, subject to the
terms of the settlement under s. 15 of the Bombay Hereclitary
Offices Act, 1874.
Appaji Bapuji v. Keshav Shamrav, ( 1890) I. L. R. 15
Born. 13 and Bachharam Datta Patil v. Viswanath Punilalik
Patil, [1956] S. C.R. 675, referred to.
Held, further, that after the commutation settlement, the
holder being relieved of the obligation to per form service, the
office of watandar survives in name only but the land granted
as watan remains subject to the restrictions imposed by the
Watan Act. By the regrant of the land in occupancy right,
on abolition or extinction of the watan, the holder is not in
truth prejudicially affected.
Loss of watan rights in land, and
the watan office is compensated by the regranc of occupancy
rights in the land. Grant of compensation was contemplated
under sub-s. (2) of s. 9 of the Bombay Paragana and Kulkarni
Watans (Abolition) Act for abolition,
extinction or moditication of rights other than the rights of a watanilar, to land or
cash allowance or remission of land revenue.

## Text

1963
;,-. VtnAtUtnami::~
v .
.1. Stclharan:a Redd_)
Dus f.,":1pta, J.
1963
Fcbrua')I, IJ.
,, ...
""·~-· ..... ~
...
... , ... .-~-·'
48 SUPREME COURT REPORTS [1964] VOL.
additional evidence was taken in this case in bn:ach
of thr prrn·i•iom of l:m.
'
There is nothing therefore that would justify
us in· interfering with the findings of facts on which
the High Court based its decision.
The appeal is accordingly dismissed with costs.
Appeal dismissed.
THE COLL.ECTOR OF SOUTH SATARA
& ANR.
v.
LAX:\fAN MAHADEV DESHPANDE & ORS.
(P. B. GA.JENDRAGADKAR, K. N. WANCIIOO,
1\1. HIDAYA1TLLAH, K. C. DAS GrPTA and
]. c. SHAil, .JJ.)
ll"a/~01 /11,ntl.-:-Jlr.:nouption by
(/01:ernntf.nl-.\'at~trc uf tit-(',
t•·n lllC of land ltr:.ld original1.y aJt u:aLa11. 111n,[ 1 afrcr C1J1n111 ut~1ti•Jli
of ,w·"icc-lion./my llcrcdila(// OJ/i•:C·i Ad, l.\'71 ([/I of IS]./),
s.<. 4, J', (1) (2), cl. (3),
·?~-/,oss of ll"aian riJ/d8 ;,. la11J-
(Jranl of co1np(;n.sation if ~onte-nipfrllCJl-lfrJJnbay ?ara1an 11 a111l
!lalkuo1i Walans (Abolition) Act, IU(JO (B'"''· L.\. of 1950),
.<s. 3, 4, G, 9 (/) (2) (") (J).
Ou abolition of his u1ata11, the respondent applied lo the
c~iitcctor claiining co1npcnsatiou un<lcr s. 9 of the llotnliay
Parag,\na antl Kulkarni Watans (1\bolition) :\ct, 19'.:>0, for
extinction of his right in che 11.'alan larid, ar.cl of his ''right !o
enjoy part of the land revenue." The (;"J[!cctor rejected the
application and in appeal the order \Vas
afl'1nned by t!1c
Revenue 'l'rihunal.
'l'l1t Iligh Con~ t ia a
petiti.Hl uuLl.t:r
;\rt. 227 of the C\lllStitution set aside thC' order of the Col!ccto:-
and directed hirn to assess and pay C·Hnpensation to the respondent under s. 9 (I~ of the Act.
llel<l, that the u·alan property-if any-the hereditary
office, and the rights and piivilcges attached thereto, 1ogcther
-
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•
!
I
Fi
•
• -
2 S.C.R. SUPREME COURT REPORTS
49
constitute a watan, and a hereditary office does not lose its
character merely because the service originally appertaining to
the office has ceased to be demanded.
Commutation of
service does not in the absence of an .express agreement to that
effect alter the tenure of the land held as watan.
By agreement,
the State may relieve the holder of the office and his successors
of the duty to perform the service for which the grant was
made, but the office and the grant continue, subject to the
terms of the settlement under s. 15 of the Bombay Hereclitary
Offices Act, 1874.
Appaji Bapuji v. Keshav Shamrav, ( 1890) I. L. R. 15
Born. 13 and Bachharam Datta Patil v. Viswanath Punilalik
Patil, [1956] S. C.R. 675, referred to.
Held, further, that after the commutation settlement, the
holder being relieved of the obligation to per form service, the
office of watandar survives in name only but the land granted
as watan remains subject to the restrictions imposed by the
Watan Act. By the regrant of the land in occupancy right,
on abolition or extinction of the watan, the holder is not in
truth prejudicially affected.
Loss of watan rights in land, and
the watan office is compensated by the regranc of occupancy
rights in the land. Grant of compensation was contemplated
under sub-s. (2) of s. 9 of the Bombay Paragana and Kulkarni
Watans (Abolition) Act for abolition,
extinction or moditication of rights other than the rights of a watanilar, to land or
cash allowance or remission of land revenue.
CIVIL APPELLATE JURISDICTION : Civil Appeal
No. 289 of 1961.
Appeal by special leave from the judgment and
order dated February 6, 1959, of the Bombay High
Court in Special Civil Appeal No. 264 7 of 1958 .
. M. C. Setalvad, C. K. Daphtary, Solicitor
General of India, S. B. Jathar and R. H. Dhebar,
for the appellants.
S. G. Patwardhan and A.G. Ratnaparkhi, for
• respondent No. 1.
1963
The Callectar South
Satar a
v.
Lax man Mah ado
Deshpanie
1953
ThL Colltc:or South
Saiara
v.
f~~mlJrJ ,\f•haJtv
Otjhp•r.it
Sh•h J.
•
50 SUPREME COURT REPORTS [1964] VOL.
I !.lli3. February J:l.
The .Judgment of the
Court was delivered by
SHAH J.-With special leave, the Collector of
South Satara has appealed against the order of the
High Court of Judicature at Bombay directing him
to assess compensation payable to
the respondent
under s. !.I ( l) of the Bombay Pargana and Kulkarni
Watans (Abolition) Act, I !J:iO.
Laxman
'.'vfahadev Deshpande-hereinafter
called 'the respondent' -was the holder of Priragrma
Watan land bearing Survey Nos. 503/2 and 504/1 in
Mouza
Aitwade, Taluka
Valve,
District South
Satara.
Performance of service in r:spect of the
Jratan had been commuted under an arrangemrnt
made in or about 1864 under a commutation settlement popularly known as
"Gordon Settlement"
whereby the holder was, on agreeing to pay a fixed
sum, relieved of the obli~ation to perform service as
a Village Oflicer.
The Legislature of the State of Bombay enacted
an Act called the Bombay Paragana and Kulkarni
Watans (Abolition) Act LX of 1950, which ab0lishcd
all P<1mga1111 and Kullcmni Wrilrms.
The respondent
applied to the Collector of South Satara for an order
under s. !) of the Act awarding Rs. J0,4/!l-2-8 as
compensation for ~xtinction of his right in the 1m!,an
land, and of his "right to enjoy part of the land
revenue."
By his order dated April 2!.l, l!l.57, the
Collector rejected the application, and the order of
the Collector was affirmed by the Bombay Revenue
Tribunal in appeal under s. !I (4) of the Act..
But in
a petition under Art.
~27 o~ the Constitution the
High Court of Bombay set aside the order of the
Collector and directed that Officer to assess and pay
compensation to the respondent under s. !l (I) of the
Abolition Act.
The land was granted to an ancestor of the
respondent as
remuneration
for
performance of
Paru.~ana service some time in the sixteenth century
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2 S.C.R.
SUPRE~E COURT REPORTS
51
by the Ruler of Satara, and that grant was confirmed
by the British Government. The original grant and
the confirmation 8anad have not been produced, but
it is common ground between the parties that the
grant was of the soil and not merely of the royal
share of revenue.
In adjudging the claim made by
the respondent for compensation under s. 9 of the
Bombay Paragana and Kulkarni Watans (Abolition)
Act it is necessary in the first instance to ascertain
the true character of the rights of a watandar in the
land granted as remuneration for performance of
service and the effect of the commutation settlement,
in the light of the material provisions of the Bombay
Hereditary Offices Act, III of 1874, commonly
known as the Watan Act. Bys. 4 of the Watan Act
'Watan property' is defined as meaning-"moveable
or immovable property held, acquired, or assigned for
providing remuneration for the performance of the
duty appertaining to an hereditary office
x
x"
'Hereditary Office' is defined as
meaning "every
office held hereditarily for the performance of duties
connected with the administration or collection of the
public revenue or with the village police, or with the
settlement of boundaries, or other matters of civil
administration. The expression includes such office
even where the services originally appertaining to it
have ceased to be demanded. The watan property,
if any, and the hereditary office and the rights and
privileges attached to them together constitute the
watan" and the expression 'watandar' means a person
having an hereditary interest in a watan : it includes
a person holding watan property acquired by him
before the introduction of the British Government
into the locality of the umtan, or legally acquired
subsequent to such introduction, and a person holding
such property from him by inheritance. Section 15
of the Act provides for commutation of service.
By sub-s. (I) it is provided :
"The Collector may, with the consent of the
196'
The Coll1ctor SC1uth
Satar•
••
Laxm .. Mahadto
Deshta.U
Shah /.
1963
[hr Co 1/tc 1ot' S1uth
Sat or a
••
f.axmtJM Maliadt1·
DtshpanJe
Shaii /.
52
SUPREME COURT REPORTS [1964] VOL.
holder of a watan, given in writing, relieve
him and his heirs, and successors in perpetuity
of their liability to perform service upon such
conditions,
whether
consistent
with
the
provisions of this Act or not, as may be agreed
upon by the Collector and such holder."
By sub-s. (2) which was repealed by Act XVI of
1805, it was provided :
"Any settlement made for this purpose before
the date of th.is Act coming into force by any
Collector or other officer acting on behalf of
Government with the holder of any watan shall
have the same force as if made under this Act."
Clause (3) provides :
"Every settlement made or confirmed under
this section shall be binding upon both the
State Government and the holder of 1he 1natan
and his heirs and successors."
It is clear that the wata;; property, if any, the hereditary office, and the rights and privileges attached
thereto, together constitute a u:r,tan and a hereditary
office does not lose its character merely because the
service originally appertaining to the office has ceased
to be demanded. Commutation of service does not,
therefore, in the absence of an express agreement to
that effect alter the tenure of the land hrld as ,,,·atan.
By agreement, the State, for consideration, may agree
to relieve the holder of the office and his successors of
the duty to perform the service for performance of
which the grant was made, but the office and the
grant continue, subject to the terms of the settlement
under s. I.5 of the Bombay
Hereditary Offices
Act, .I 874.
In A]Jpaji Ba]luji v. /{eshavShamrav ('), the
nature of the tenure of land held originally as
(I) (1890) l.L.R. 15 Bom. 13.
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2 S.C.R.
SUPREME COURT REPORTS
53
watan land, after commutation of service, fell to be
determined before the Bombay High Court. Sargent
C. J., observed at p. 23 :
"What is termed a Gordon Settlement was an
arrangement-entered into in 1864 by a Committee, of which Mr. Gordon, a~ Co!Lector, was
chairman, acting on behalf ofGovernmentwith the vatandars in the Southern Maratha
Country, by which the Government relieved
certain vatandars in perpetuity from liability to
perform the services attached to their offices in
consideration of a 'judi' or quit-rent charged
upon the vatan lands.
x
x
x
x
x
x
x
the reports of
Mr. Gordon's Committee on the Satara and
Poona Districts and their correspondence with
Government can, we think, leave no doubt
that the settlements made by that committee,
unless it was otherwise specially provided by
any particular settlement, were not intended by
either party to these settlements, to convert the
vatan lands into the private property of the
vatandars with the necessary incident of alienability, but to leave them attached to the hereditary offices, which although freed from
the
performance of service remained intact, as
shown by the definition of hereditary office in
the declaratory Act III of 1874."
But the Commutation settlement does not confer an
indefeasible title to the grantee, for the right affirmed
by the settkment under s. 15. (3) of the Watan Act is
liable to be determined by lapse, confiscation or
resumption (s. 22 of the Watan Act). The State
having created the watan, is entitled to put an end
to the watan i.e. to cancel the watan and to resume
the grant : Bachharam Datta Patil v. Vishwanath
Pundalik Patil (' ).
Therefore if there be mere
commutation of service, the watan office ordinarily
(IJ [1956J s.c.R. 67~.
1963
Ths Colle<tor South
Satflra
v.
Laxman Maht1deu
Deshpande
Shah J.
1963
Tiu Colltttor S1nith
SdJtJro
v.
Luman Maluultti
Duhp.1114
Shah J,
..
54
SUPREME COURT REPORTS [191l4]V01..
survives without liability to perform service, and on
that account the character of watan property still
remains attached to the grant.
But
the
State
Government may abolish the ottice and release the
property from its character as 11!<-'Utn property.
It is in the light of these features of the vXJtan
and the property granted for remuneration of the
Watandftr that the relevant provisions of the llombay
Paragana and Kulkarni Watans (Abolition) Act,
have to be considered in adjudging the right to
receive compensation claimed by the respondent on
abolition of his ..vatan.
By s. 3 of the Abolition Act,
it is provided that :
"With effect from and on the appointed day,
notwithstanding anything contained in any law,
usage, settlement, grant, sanad or order-
(!) all Paragana and
shall
be deemed
abolished ;
Kulkarni watans
to have
been
(2) , all rights to hold office and any liability to render service appertainin~ to
the said watans are hereby extinguished;
( :J) subject to the provisions of section 4,
all watan land is here by resumed and
shall be deemed to be subject to the
payment of land reven uc under the
provisions of the Code and the rules
made thereunder as if it were an
unalienated land :
Provided that such rcsumrtion
shall not affect the validity o any
alienation of such watan land made
in accordance with the provisions of
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st.Ji>RE1'1E COURT REPORTS
55
section 5 of the Watan Act or the
rights of an alienec thereof or any
person claiming under or through him;
(4) all incidents appcrtammg to the said
watans are here by extinguished."
The material part of s. 4 provides that :
"A watan land resumed under the provisions of
this Act shall
x
x
x
x
be
regranted to the holder of the watan to which
it appertained, on payment of the occupancy
price equal to twelve times of the amount of
the full assessment of such land
x
x
x
x
x
x
and the holder
shall be deemed to be an occupant within the
meaning of the Code in respect of such land
x
x
x;
all the provisions of the
Code and rules "relating to unalienated land
shall, subject to the provisions of this Act,
apply to the said land:"
Bys. 6 right to compensation in lieu of cnsh allowance or land revenue is granted. It provides :
"6. Notwithstanding anything contained m
any law, usage, settlement, gnmt, sanad or
order,-
(1) a sum equal to seven times the amount
of the cash allowance due to a holder on the
appointed day of a watan in respect of which
a commutation settlement has been effected,
shall be paid to such holder;
(2) in the case of any land or village, in
respect of which the watan property consists of
the whole or a part of the land revenue of such
land or village, a sum equal to ten times the
1963
The C11lleet<Jr StJutl1
StJtara
v.
La>:man Mahal.cu
Deshpande
1963
Thi Coll"'"' South
Solar a
v.
1.axm4'I Maltadto
Dt1~pande
Slwll J,
56
SUPREME COURT REPORTS [1964] vot.
amount of such land revenue shall be paid to
the holder
x
x
x
x
x
x."
Section 9 provides for assessment and p.i yment of
compensation for the abolition, extinction or modification by virtue of s. 3 of rights in property not
provided for in the Act. Sub-section (I) provides :
"If any person is aggriev!!d by the provisions
of this Act as abolishing, extinguishing or modifying any of his rights to or interest in property
and if compensation for such abolition, extinguishment or modification has not been provided for in the provisions of this Act such
person may apply to the Collector for compensation."
Sub-section (2) prescribes the procedure of an application for compensation and sub-s. (3) precludes the
grant of compensation
to
any person on
the
ground that any watan land which was wholly or
partially exempt from the payment of land revenue
has been under the provisions of the Act subjected to
the payment of full assessment.
It appears clear from the scheme of s. 6 that if
the remuneration of the Watandm is merely cash
allowance, or part or whole of the land revenue of
the land, compensation at the rate prescribed is payable to the holder on abolition of the wata11.
If the
remuneration consists not of cash allowance or remission of land revenue, but of the land itself by the
combined operation of ss. 3(:1) and 4 the holder of
the walan land is entitled to be regrantcd occupancy
rights as in unalienated land. Section 9 deals with
the rights of persons to receive compensation for
abolition, extinguishment or modification of the
right or interest in watan property by virtue of the
provisions of the Act, in cases where no other provision is made in that behalf in the Act.
There is
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2 S.C.R.
SUPREME COURT REPORTS
57
no serious dispute raised about this being the true
position in law.
But two questions remain in controversy between the parties :
(1) Whether the right to or interest in property
of a watandar is abolished, extinguished or
modified by the provisions of the Bombay
Paragana and Kulkarni Watans (Abolition)
Act; and
(2) Whether provision for compensation for
the abolition, extinguishment or modification or the right or interest in the watan
land of the holder is made by any provision in the Act, so as to exclude the operation of s. 9(1) of the Act.
The first question presents little difficulty
m its
solution. Section 3 in terms provides for
abolition of the watan, extinction of the office and
modification of the right in which the \and is
held. The abolition, extinction and modification
arise by the operation of s. 3 of the Act, and not
from the exercise of the executive power of confiscation or resumption, by the State. Undoubtedly
the power of resumption of a watan may be exercised
under s. 22 of the watan Act and such a resumption
may destroy the right of the holder both to the office
and the watan land, and in the absence of any provision in that behalf no right to compensation may
arise.
But where the abolition of the watan is not
by executive action, but by legislative decree, its
consequences must be sought in the statute which
effectuates that abolition.
On the second question the respondent affirms
the contention which appealed to the High Court
that where the grant to a watandar is of the soil and
1963
Thd Collector South
Satara
••
Laxman Maharlev
Deshpande
Shah J.
1963
l h1 Colltctor So1.t/1
Sotara
v.
l.armon Mol1adtv
Duh/J«'fde
Shah J.
•
58
SUPREME COURT REPORts [1!164] Vat.
noL merely of cash allowance or of remission of land
revenue as remuneration for
performance of the
duties of his oflice, compensation has to be awarded
under s. !J, for Act LX of l!J50 makes no provision
for payment of compensation to the •.mtandar for
abolition of his oflice and rights in the land held by
him. The correctness of this view is challenged by
the appellant.
It must be remembered that the
power which the State Government always possessed
by the clearest implication of s. 22 of the Bombay
Hereditary Offices Act, 187'1, of resumption is statutorily enforced by s. :I in respect of the Paragana and
Kulkarni ll'l1tans.
The State Government having
the power to abolish a walan office, and to resume
land granted as remuneration for performance of the
duties attached to the office
was not obliged to
compensate the 11Yiu1ndar for extinction of his rights.
But the Legislature has, as a matter of grace, presumablv because of settlements between the holders and
the 'Government under the Gordon Settlement, provided bys. 6 that cash compensation be awarded for loss
of the right to cash allowance or remission of land
revenue and has by s. 4 conferred upon the holder of
the 1i:atan land, for loss of his right, a right to
re grant of the land as occupant and free from the
obligation imposed by its original tenure as 11:utan
land.
Provision is also made by s. !J for awarding
compensation to persons whose right or interest in
property is abolished, extinguished or modified by
virtue of the section, and no other provision for
compensation for such extinction, abolition or modification is made by the Act.
The right to cash compensation under s. 9 depends upon the existence of
two conditions : the abolition, extinction or modification of rights in property by virtue of the provisions
of the Act; and the absence of any other provision in
the Act for compensation in that behalf. If, therefore, s. 4 which provides for conferment of occupancy
rights in land, be regarded as a provision for compensation for ' '1olition, extinction or modification of the
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2 s.a.R..
SUPREME COURT REPORTS
59
right to hold it as watan land, the residuary enactment in s. !l will not on the plain terms be attracted.
By the operation of s. 3 all Paraganas and Kulkarni
watans falling within the Act are abqlished, the right
to hold office is extinguished, and the land granted
as remuneration
for ' performance of service is
resumed.
The holder of the land is thereafter liable
to pay land revenue, and is entitled, on payment of the
occupancy price at the prescribed rate, to be regranted occupancy rights as if it is unalienated land.
The right so conferred is, though not a right to cash
compensation, a valuable right of occupancy in the
land. By the resumption of watan land and regrant
thereof in occupancy right, all the restrictions placed
upon the holder of watan land are by the provisions
of the Watan Act, and the terms of the grant, statutorily abolished. But the right of occupancy granted
bys. 4 adequately compensates the holder for loss of
the precarious interest of a watandar, because the
land regranted after abolition of the ioatan, is held
subject only to the restrictions imposed by sub-s. (2) of
s. 4, and is freed from the incidents of ioatan tenure,
such as restriction on alienation beyond the life-time
of the holder, devolution according to the special
rule of succession, and the liability to confiscation or
resumption. In our judgment, compensation contemplated to be awarded, not as a matter of right but
as of grace, is not merely money compensation; it
includes grant of occupancy rights which compensates
for the loss of office and the interest of a watandar in
the land. By s. 4 the Legislature has granted for
the loss suffered by the watandar on abolition of the
watan and the rights in watan land, a right of occupancy in the land which may properly be regarded as
compensating him for the abolition of his rights.
Provision for levy of what is substantially a nominal
occupancy price will not detract from that character.
After the commutation settlement, the holder being
relieved of the obligation to perform service, the
office of watandar survives in name only, but the land
1963
7 he Coll1cto1 South
Satara
••
Lo xman i\tfa"4,ev
DeJhpande
Shah J,
1963
Tiu Coffector Soul~
Satara
v.
!Axman i\fahadtci
D1Jh/i,ndt
Shah J.
60 SUPREME COURT REPORTS [1964] VOL.
granted as 1catan remains subject to the restrictions
imposed by the Wat an Act.
By the regrant of the
land in occupancy right, on abolition or extinction
of the 1mt<in, the holder is not in truth prejudicially
affected.
Loss of 1catan rights in land, and the
watan office is compensated by the rcgrant of occupancy rights in the land. It would, therefore, be
reasonable to infer that the Legislature contemplated
the grant of compensation under sub-s. (2) of s. 9 for
abolition, extinction or modification of rights other
than the rights of the UYtlandar to land or to cash
allowance or remission of land revenue.
The appeal is therefore allowed and the order
passed by the High Court set aside. We arc informed
at the Bar that the respondent has not claimed right
of occupancy in the land which was previously held
by him as 1catan land be granted to him. Whether
he will be entitled thereto in view of his failure to
make a claim to a regrant is a matter on which we
express no opinion.
Having regard to the circumstances, we direct that there will be no order as to
costs throughout.
A ppcal all-Ou·cd.
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