Case Note & Summary
The petitioner, Basant Vihar Co-operative Housing Society Limited, challenged a letter dated 16 February 2021 from the City Survey Officer (CSO), Chembur, refusing to mutate the society's name in revenue records for the subject property without a No Objection Certificate (NOC) from the Collector. The property was originally granted to Basantrai Motiram under Rule 43 of the Bombay Land Revenue Rules, 1921, via a Form HH on 27 August 1946. The original owner constructed seventeen flats and two garages, and the society of flat purchasers was registered on 2 October 1967. The legal heirs of the original owner conveyed the property to the society by a registered deed of conveyance dated 22 August 1968. When the society sought redevelopment, it discovered its name was not mutated in revenue records and applied to the CSO for mutation. The CSO refused, citing the need for an NOC from the Collector. The society argued that the property was not 'Government land' and that the CSO's insistence on NOC was without legal basis. The court examined the grant under Rule 43, which was a grant in perpetuity with no reversion to the government. The court held that the CSO's demand for NOC was unwarranted and directed the CSO to mutate the society's name within four weeks from the date of the order. The petition was allowed.
Headnote
A) Property Law - Mutation of Revenue Records - NOC Requirement - Bombay Land Revenue Rules, 1921, Rule 43; Maharashtra Land Revenue Code, 1966, Section 149 - The court held that the CSO cannot insist on an NOC from the Collector for mutation when the property was granted under Rule 43 of the Bombay Land Revenue Rules, 1921, and the society has a registered conveyance from the original grantee's legal heirs. The court directed the CSO to mutate the society's name within four weeks. (Paras 1-11) B) Co-operative Housing Society - Mutation - Section 22 of Maharashtra Co-operative Societies Act, 1960 - The court noted that the society is the owner of the property and is entitled to have its name recorded in revenue records. The insistence on NOC was held to be without authority of law. (Paras 2-10)
Issue of Consideration
Whether the City Survey Officer can insist on a No Objection Certificate (NOC) from the Collector as a pre-condition for mutating the name of a co-operative housing society in revenue records, when the society has acquired the property by a registered conveyance from the original grantee under Rule 43 of the Bombay Land Revenue Rules, 1921.
Final Decision
The petition is allowed. The impugned letter/communication dated 16th February 2021 is quashed and set aside. The City Survey Officer, Chembur, is directed to mutate the name of the petitioner in the revenue records in respect of the subject property within four weeks from the date of the order.
Law Points
- Mutation of revenue records
- NOC requirement
- land grant under Rule 43 of Bombay Land Revenue Rules
- 1921
- Section 149 of Maharashtra Land Revenue Code
- 1966
- Section 22 of Maharashtra Co-operative Societies Act
- 1960
