A As regards the three entities which are included in the definition of "estate" in Art. 31·A(2)(a), clause (ii) is .µot applicable to. the lands because, there was no ryotwari settlement or tenure in Daman district. Clause (i) which mentions "any jagir, inam or muafi or other similar grant" could apply to one village which was granted for the upkeep of one Arab horse, but there was no evidence that the village was held on concessional terms. Clause (iii),. which includes "any I.and held or let for purpose of agriculture or for purposes ancillary thereto, including B waste land, forest land, land for pasture or sites of buildings and other structures, occupied by cultivators of land, agricultural labourers and village artisans", however, applies to the ·bulk of the land in all the 'illages. But certain parts in the villages consist of Sll!t pans, gravel pits, quarries and hills, and the property rights of the petitioners in such parts of lands were also extinguished by s. 3 of the Regulation, because, the definition of land in the Regulation includes all categorieo of land, Thus, the definition of "land" in the Regulation is at variance with the definic tion of "estate" in the Article and is not fully protected by the Article. The protection cannot' be invoked by interpretmg the definition to accord with the definition of "estate" in the Article on the principle that a legislature only acts within its powers, because, the Regulation was made in 1962, whereas Art. 31-A in its present form was introduced, though rotrospectively, in 1964. The President of India, when he m~de the Regulation in 1962, could n.ot be said to have been cognizant of the limits of D his own power to make it in consonance with the definition of '.'estate" in Art. 31-A introduced later. The Regulation however, would still operate, as the definition of "land" is severable and the protection of Art. 31 ·A would be confined to those parts of the lands in the villajles which fell within the definition of "estate" in Art. 31-A(2) (a) (hi). (605 B.C; 612 F; 613 D-E, H; 615 F-H]
