Case Note & Summary
Two writ petitions, WP No. 7104 of 2002 by M/s Baf-Hira Builders Private Limited and WP No. 2004 of 2015 by Eric Anselem Mendes and Austin Gabriel Mendes, challenged an order dated 20 November 2002 passed by the Collector of Bombay Suburban District. The order, limited to the forfeiture of rights in 22 acres of land (CTS No.5, Malvani), was challenged by the builder. The Mendes heirs challenged the part of the order permitting payment of lease rental and 75% unearned income to regularize breaches, contending that such permission should have been granted to them. The land was originally granted under a reclamation lease to Lawrence Francis Mendes in 1936 under Rule 40 of the Bombay Land Revenue Rules, 1921, for reclaiming marshy land for agriculture. Reports in 1952 and 1957 confirmed complete reclamation. A formal reclamation lease for 999 years was executed in 1962. After the original lessee's death, the lease devolved to his wife Anu Mendes. The land was later divided into two CTS numbers. In 1974, Anu Mendes executed assignment deeds in favour of some persons. The Court, comprising Chief Justice Pradeep Nandrajog and Justice Bharati Dangre, heard both petitions together. After arguments, the State sought adjournment which was declined, and the State filed written submissions merely adopting its counter affidavit. The judgment text provided is truncated and does not contain the final decision or reasoning.
Issue of Consideration
Whether the Collector's order dated 20-11-2002 forfeiting the leasehold rights in 22 acres of land and permitting payment of lease rental and unearned income to regularize breaches is valid; whether the heirs of the original lessee or the subsequent assignee are entitled to regularization and the leasehold rights.
Law Points
- Interpretation of Rule 40 of Bombay Land Revenue Rules
- 1921
- conditions of reclamation lease
- forfeiture for breach of lease covenants
- assignment of leasehold rights
- unearned income sharing
- economic holding definition
Case Details
2020 LawText (BOM) (01) 22
Writ Petition No. 7104 of 2002 and Writ Petition No. 2004 of 2015
Pradeep Nandrajog, C.J., Smt. Bharati Dangre, J.
Mr. Virag Tulzapurkar, Senior Advocate for petitioner in WP 7104/2002; Mr. Ulhas T. Naik for petitioners in WP 2004/2015; Mr. M.M. Pabale AGP for State; Mr. Prasad Dhakephalkar, Senior Advocate for Intervener
M/s Baf-Hira Builders Private Limited, Eric Anselem Mendes, Austin Gabriel Mendes
Collector of Bombay Suburban District, State of Maharashtra, Commissioner Konkan Division, Enric Anselum Mendes, Heaven Anselum Mendes, Velankani Jordan Mendes
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Nature of Litigation
Two writ petitions under Article 226 of the Constitution of India challenging different parts of an order passed by the Collector of Bombay Suburban District.
Remedy Sought
WP No. 7104 of 2002 sought quashing of the order forfeiting the petitioner's rights in 22 acres of land. WP No. 2004 of 2015 sought a direction that permission to regularize breaches and pay lease rental/unearned income should be granted to the petitioner-heirs instead of the other party.
Filing Reason
The Collector's order dated 20-11-2002 forfeited the land granted under a reclamation lease and also permitted payment of lease rental and 75% unearned income to regularize breaches, which aggrieved both the builder and the original lessee's heirs.
Issues
Validity of the Collector's order forfeiting the leasehold rights in 22 acres of land.
Entitlement of the builder or the heirs to regularization of breaches and payment conditions.
Interpretation of Rule 40 of the Bombay Land Revenue Rules, 1921 and the covenants of the 1962 Reclamation Lease.
Whether assignment of lease by original lessee's heirs was valid without Collector's permission.
Judgment Excerpts
the lease shall be liable to cancellation at the discretion of the Collector; (Para 3)
TO HOLD the said Lands unto the Lessee for the term of 999 years from the 9th day of December 1936... (Para 5)
if any time any portion of the said Lands is after being reclaimed use for any purpose unconnected with agricultural such portion shall be liable to such assessment or altered assessment as may be leviable under the Law or Rules... (Para 5)
Procedural History
05-03-1935: Application for lease by Lawrence Francis Mendes.
09-12-1936: Permission granted under Rule 40 of Bombay Land Revenue Rules, 1921.
29-08-1952 & 01-10-1957: Reports confirming reclamation.
02-04-1962: Reclamation Lease executed for 999 years from 1936.
13-11-1970: Death of original lessee, lease devolved to heirs.
23-06-1971: 7/12 extract showing cultivation.
03-10-1974: Two deeds of assignment executed by Anu Mendes and others.
Date not mentioned: Land divided into CTS No. 5 and CTS No. 8.
20-11-2002: Impugned order by Collector.
2002 & 2015: Respective writ petitions filed.
09-12-2019: Court directed final hearing on 14-01-2020.
14-01-2020: Heard arguments; State's adjournment request declined.
28-01-2020: Judgment reserved and pronounced.
Acts & Sections
- Bombay Land Revenue Rules, 1921: Rule 40
- Companies Act, 1956: Not specified
- Maharashtra Land Revenue Code: Economic holding definition
