Case Note & Summary
The case involves a second appeal filed by the appellants, who are brick makers and kavelu makers, against the State of Maharashtra. The appellants had occupied Survey No. 30 and 33 at Nimbhora for manufacturing bricks and sought a perpetual injunction restraining the defendant from auctioning the said site. The appellants alleged that they were annually granted licenses by the Revenue Department of the Government of Maharashtra and used to pay Rs.50/- per Guntha by way of premium or royalty. They had been carrying out their business on the plots for over 30 years. The cause of action arose when the defendant refused to renew the license on 28/10/1986 and issued a proclamation of auction. The trial court and the first appellate court had dismissed the suit, holding that the plaintiffs had no right to remain on the land. The second appeal was admitted on 14/02/2007 on two substantial questions of law: (i) whether the finding that the plaintiff has no right to remain on land survey No. 30 and 33 is justified in view of Section 53 of the Maharashtra Land Revenue Code, 1956; and (ii) whether the Tahsildar could have published a notice for auction without following due provisions under Section 63 of the Maharashtra Land Revenue Code, 1956. The High Court, after hearing the counsel, allowed the appeal, setting aside the judgments of the lower courts and remanding the matter for fresh consideration in light of the provisions of Sections 53 and 63 of the Maharashtra Land Revenue Code, 1956.
Headnote
A) Land Revenue - Right to Remain on Land - Section 53 Maharashtra Land Revenue Code, 1956 - The court considered whether the finding that the plaintiff has no right to remain on land survey No. 30 and 33 is justified in view of Section 53 of the Code. The appellants had been granted annual licenses for brick manufacturing and had been in possession for over 30 years. The court held that the lower courts erred in not considering the effect of Section 53, which protects the rights of persons in possession of government land under certain conditions. (Paras 2-3) B) Land Revenue - Auction Notice - Section 63 Maharashtra Land Revenue Code, 1956 - The court examined whether the Tahsildar could publish a notice for auction without following due provisions under Section 63 of the Code. The court held that the auction notice was invalid as the procedure under Section 63 was not followed, which requires proper notice and opportunity to the occupants. (Para 2)
Issue of Consideration
Whether the finding that the plaintiff has no right to remain on land survey No. 30 and 33 is justified in view of Section 53 of the Maharashtra Land Revenue Code, 1956; and whether the Tahsildar could have published a notice for auction without following due provisions under Section 63 of the Maharashtra Land Revenue Code, 1956.
Final Decision
The High Court allowed the second appeal, set aside the judgments and decrees of the trial court and the first appellate court, and remanded the matter back to the trial court for fresh consideration in light of the provisions of Sections 53 and 63 of the Maharashtra Land Revenue Code, 1956.
Law Points
- Section 53 of Maharashtra Land Revenue Code
- 1956
- Section 63 of Maharashtra Land Revenue Code
- Right to remain on land
- Auction notice without due process
- License renewal
