Case Note & Summary
The petitioner, BILT Graphic Paper Products Limited, a company incorporated under the Companies Act, 1956, engaged in paper manufacturing, challenged the Government Resolution dated 27.02.2009 issued by the State of Maharashtra, which prescribed payment of fees for granting permission to mortgage Occupancy Class II lands. The petitioner also challenged Condition No. 5 of an order dated 09.05.2011 passed by the Sub-Divisional Officer, Chandrapur, which directed compliance with the terms of the said Government Resolution. The petitioner had acquired land in Ballarpur, District Chandrapur, under an agreement dated 31.07.1947 with the then Governor of Central Provinces and Berar, and the land was transferred to the company on 21.01.1950 under the Madhya Pradesh Land Revenue Code, 1954. Subsequently, a Sanad (Deed of recognition of title) was executed on 18.01.1968 under the Maharashtra Land Revenue Code, 1966. The petitioner sought permission to mortgage the land, and the Sub-Divisional Officer granted permission subject to compliance with the Government Resolution dated 27.02.2009, which required payment of fees. The petitioner contended that the Government Resolution was unconstitutional, without authority of law, and violative of Article 14 of the Constitution of India. The respondents argued that the State has the power to impose conditions under Section 43 of the Maharashtra Land Revenue Code, 1966, and the fee was reasonable. The court analyzed the provisions of the Maharashtra Land Revenue Code, 1966, and held that the Government Resolution was valid and not violative of Article 14. The court found that the classification between Occupancy Class I and Class II lands was reasonable and based on intelligible differentia, and the fee prescribed was not arbitrary or excessive. The court dismissed the writ petition, upholding the validity of the Government Resolution and the condition imposed by the Sub-Divisional Officer.
Headnote
A) Constitutional Law - Article 14 - Reasonable Classification - Government Resolution prescribing fees for permission to mortgage Occupancy Class II lands - The court held that the classification between Occupancy Class I and Class II lands is reasonable and based on intelligible differentia, and the fee prescribed is not arbitrary or excessive. (Paras 1-27) B) Land Revenue Code - Section 43 - Power to Impose Conditions - Maharashtra Land Revenue Code, 1966, Section 43 - The court held that the State has the power to impose conditions, including payment of fees, while granting permission to mortgage Occupancy Class II lands, and such conditions are not ultra vires the provisions of the Code. (Paras 1-27) C) Land Revenue Code - Section 43 - Occupancy Class II Lands - Maharashtra Land Revenue Code, 1966, Section 43 - The court held that the Government Resolution dated 27.02.2009 is valid and does not violate Article 14 of the Constitution, as it applies uniformly to all holders of Occupancy Class II lands. (Paras 1-27)
Issue of Consideration
Whether the Government Resolution dated 27.02.2009 prescribing payment of fees while granting permission to mortgage Occupancy Class II lands is unconstitutional, without authority of law and violative of Article 14 of the Constitution of India?
Final Decision
The writ petition is dismissed. The Government Resolution dated 27.02.2009 and condition No. 5 of the order dated 09.05.2011 are upheld as valid and not violative of Article 14 of the Constitution of India.
Law Points
- Validity of Government Resolution prescribing fees for permission to mortgage Occupancy Class II lands
- Interpretation of Section 43 of Maharashtra Land Revenue Code
- 1966
- Power of State to impose conditions while granting permission under Section 43
- No violation of Article 14 of Constitution of India
