Case Note & Summary
The petitioner, Kisan Songya Bangara, a tribal agriculturist, owned land in Valshind, Thane. He sought to sell the land to respondent No. 6, a non-tribal, due to financial need. Under Sections 36 and 36A of the Maharashtra Land Revenue Code, 1966, prior approval from the Collector is required for such a sale. The petitioner applied for approval, but the Collector refused by letter dated 5 November 2020, relying on a government circular dated 22 September 2020 from the State Government which stated that prior approval cannot be granted if the land is in a no-development zone. The petitioner challenged this refusal in the High Court. The court examined the statutory provisions of Section 36A, which only requires the Collector to be satisfied that the sale is for the benefit of the tribal. The court held that the government circular cannot override the statute and that the Collector must consider the application on its own merits. The court quashed the Collector's letter and the government circular to the extent it was used to deny approval, and directed the Collector to reconsider the application without reference to the circular. The petition was allowed.
Headnote
A) Land Revenue - Prior Approval for Sale of Tribal Land - Section 36A of Maharashtra Land Revenue Code, 1966 - The petitioner, a tribal, sought prior approval to sell his land to a non-tribal. The Collector refused based on a government circular stating that approval cannot be granted if the land is in a no-development zone. The court held that the circular cannot override the statutory provisions of Section 36A, which only requires the Collector to be satisfied that the sale is for the benefit of the tribal. The court directed the Collector to reconsider the application without reference to the circular. (Paras 1-10) B) Administrative Law - Government Circulars - Binding Effect - Government circulars cannot override statutory provisions. The court held that a circular that imposes additional conditions not found in the statute is ultra vires and cannot be used to deny a statutory right. (Paras 8-10)
Issue of Consideration
Whether the Collector can refuse to grant prior approval under Section 36A of the Maharashtra Land Revenue Code, 1966, for sale of tribal land based on a government circular that imposes additional conditions not found in the statute.
Final Decision
The court allowed the petition, quashed the Collector's letter dated 05.11.2020 and the government circular dated 22.09.2020 to the extent it was used to deny approval, and directed the Collector to reconsider the application without reference to the circular.
Law Points
- Prior approval under Section 36A of Maharashtra Land Revenue Code
- 1966
- cannot be refused based on government circulars that impose additional conditions not found in the statute
- Government circulars cannot override statutory provisions
- The Collector must consider the application on its own merits and grant approval if conditions are satisfied
