Case Note & Summary
The petitioner, an ex-serviceman, was allotted three acres of surplus land out of Gut No. 19A at village Sangvi (Karadkhed) in Degloor Tahsil in the year 1982. The land was delineated from the holding of respondent No. 4, Vasantrao, who was found to be a surplus land holder under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The petitioner was in actual possession of the land since the allotment. However, on 30th June 1990, the Additional Commissioner, Aurangabad, suo motu set aside the allotment and directed the Collector to take possession and allot the land to some other eligible person. The petitioner challenged this order before the Maharashtra Revenue Tribunal, which dismissed his appeal on 31st January 1991. Aggrieved, the petitioner filed the present writ petition. The main legal issues were whether the cancellation of allotment after 8 years without notice to the petitioner violated principles of natural justice, and whether the suo motu revision was barred by limitation. The petitioner argued that no notice was given before the cancellation and that the power was exercised after an inordinate delay. The respondents contended that the allotment was illegal as the land was not genuinely surplus. The court analyzed that the Additional Commissioner had not issued any notice to the petitioner before passing the cancellation order, which was a clear violation of natural justice. Further, the court noted that the suo motu powers were exercised after 8 years, which was not permissible in the absence of any specific provision allowing such delay. The court held that the impugned orders were unsustainable and set them aside, allowing the writ petition and restoring the allotment in favor of the petitioner.
Headnote
A) Land Ceiling - Surplus Land Allotment - Cancellation - Natural Justice - Allotment of surplus land to an ex-serviceman in 1982 was cancelled in 1990 without notice to the allottee - Held that cancellation without affording opportunity of hearing violates principles of natural justice (Para 4). B) Limitation - Suo Motu Revision - Delay - The Maharashtra Revenue Tribunal exercised suo motu powers after 8 years of allotment - Held that exercise of power after such long delay is not permissible in absence of any specific provision (Para 5). C) Land Ceiling - Ex-Serviceman - Possession - The petitioner was in actual possession of the allotted land since 1982 - Held that cancellation after long period of possession without notice is arbitrary (Para 3).
Issue of Consideration
Whether the cancellation of allotment of surplus land to an ex-serviceman after 8 years without notice and beyond limitation period is sustainable.
Final Decision
The court allowed the writ petition, set aside the impugned orders dated 30th June 1990 and 31st January 1991, and restored the allotment of land in favor of the petitioner.
Law Points
- Natural justice
- Limitation
- Ceiling Act
- Ex-serviceman allotment
- Surplus land
