Case Note & Summary
The petitioners, who are non-tribal individuals, sought to purchase agricultural land from Respondent No. 3, a tribal person. In 2010, an agreement was reached, and on 7 July 2012, they applied for prior permission under Section 36-A of the Maharashtra Land Revenue Code, 1966 (MLR Code) before the Sub-Divisional Officer. The application was processed, and the Circle Officer submitted a report on 11 December 2012 recommending grant of permission. However, the matter remained pending for several years. On 25 March 2021, Respondent No. 2 (State of Maharashtra) issued an order granting permission subject to condition no. 1, which required the petitioners to pay the market value of the land as per the ready reckoner of the year 2022-2023. The petitioners challenged this condition, arguing that the valuation should be based on the ready reckoner as on the date of their application (7 July 2012). Subsequently, on 5 July 2022, Respondent No. 1 (Additional Collector) passed a consequential order reiterating the same condition. The petitioners filed a writ petition in the Bombay High Court seeking modification of condition no. 1 in both orders. The court considered the legal issue of the appropriate date for determining market value under Section 36-A of the MLR Code. The petitioners contended that the delay in processing the application was not their fault and that they should not be penalized by a higher valuation. The respondents argued that the valuation should be as per the current ready reckoner. The court analyzed the purpose of Section 36-A, which is to protect tribal land from exploitation, and noted that the provision requires the competent authority to determine the market value. The court held that the valuation must be based on the ready reckoner existing on the date of the application for permission, as the delay in disposal cannot be attributed to the applicants. Accordingly, the court allowed the petition, set aside condition no. 1 in both impugned orders, and directed that the market value be determined as per the ready reckoner of 2012-2013. The court also directed the petitioners to pay the amount within four weeks and the respondents to complete the formalities within two weeks thereafter.
Headnote
A) Land Law - Transfer of Tribal Land - Section 36-A Maharashtra Land Revenue Code, 1966 - Valuation Date - The issue was whether the market value of land proposed to be transferred by a tribal person should be determined as per the ready reckoner on the date of the application for prior permission or on the date of the order granting permission. The Court held that the valuation must be as per the ready reckoner existing on the date of the application, as the delay in processing the application cannot be attributed to the applicants. The condition in the impugned orders directing valuation as per the ready reckoner of 2022-2023 was set aside and substituted with valuation as per the ready reckoner of 2012-2013. (Paras 1-14)
Issue of Consideration
Whether the market value of the subject land for the purpose of granting prior permission under Section 36-A of the Maharashtra Land Revenue Code, 1966 should be determined as per the ready reckoner existing on the date of the application or on the date of the order granting permission
Final Decision
The petition is allowed. Condition no.1 in the order dated 25 March 2021 and the consequential order dated 5 July 2022 is set aside and substituted with a direction that the market value of the subject land shall be determined as per the ready reckoner existing as on the date of the application i.e. 7 July 2012. The petitioners shall pay the amount within four weeks from today. Upon payment, the respondents shall complete the formalities within two weeks thereafter. Rule is made absolute accordingly.
Law Points
- Market value for land transfer from tribal person must be determined as per ready reckoner on date of application for prior permission under Section 36-A of MLR Code
- 1966
- not on date of order
