Case Note & Summary
The petitioners, legal heirs of the original landholder Babasaheb Balwant Bawane, challenged the order dated 30th April 1993 passed by the Chairman, Surplus Land Determination Tribunal, Ambajogai, declaring certain lands as surplus under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The original petitioner Babasaheb died during the pendency of the writ petition, and his legal heirs were brought on record. The petitioners contended that the Tribunal passed the impugned order without giving any opportunity of hearing to the original petitioner, in violation of Section 12(6) of the Act, which mandates that the Tribunal shall give a reasonable opportunity of being heard to the person concerned before determining the surplus land. The respondents, represented by the State and the Additional Divisional Commissioner, opposed the petition. The High Court, after hearing the counsel for both sides, found that the impugned order was indeed passed without affording any opportunity of hearing to the original petitioner, thereby violating the principles of natural justice and the statutory requirement under Section 12(6). The court set aside the order and remanded the matter to the Tribunal for fresh hearing, directing the petitioners to appear before the Tribunal on a specified date. The court also directed the Tribunal to decide the matter afresh in accordance with law, after giving an opportunity of hearing to all concerned parties.
Headnote
A) Land Ceiling - Surplus Land Determination - Violation of Natural Justice - Section 12(6) of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - The Tribunal passed an ex parte order declaring the petitioner's lands as surplus without giving him an opportunity of hearing as required under Section 12(6) of the Act. The High Court held that the order was passed in gross violation of principles of natural justice and set aside the same, remanding the matter for fresh hearing. (Paras 1-5)
Issue of Consideration
Whether the Surplus Land Determination Tribunal's order declaring certain lands as surplus was vitiated due to violation of principles of natural justice and non-compliance with Section 12(6) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Final Decision
The writ petition is allowed. The impugned order dated 30th April 1993 passed by the Chairman, Surplus Land Determination Tribunal, Ambajogai, is quashed and set aside. The matter is remanded to the Tribunal for fresh hearing. The petitioners are directed to appear before the Tribunal on 11th April 2011. The Tribunal shall decide the matter afresh in accordance with law, after giving an opportunity of hearing to all concerned parties.
Law Points
- Principles of natural justice
- Section 12(6) of Maharashtra Agricultural Lands (Ceiling on Holdings) Act
- 1961
- duty to provide opportunity of hearing
- setting aside ex parte orders
Case Details
2011 LawText (BOM) (03) 59
Writ Petition No. 1813 of 1993
Ms. Vanita H. Sangole (h/f Smt. M.A. Kulkarni) for petitioners, Mr. K.B. Choudhary (A.G.P.) for respondents
Babasaheb s/o Balwant Bawane (deceased) through legal heirs: Shakuntalabai w/o Babasaheb Bawane, Rajkumar s/o Babasaheb Bawane, Sheela w/o Prakashrao Deshmukh, Vaijayantimala w/o Rameshrao Deshmukh, Shobha w/o Ashokrao Bhosale, Rekha w/o Shivajirao Deshmukh, Asha w/o Ajitrao Ghatge
1. The State of Maharashtra, 2. Addl. Divisional Commissioner, Aurangabad Division, Aurangabad, 3. Chairman, Surplus Land Determination Tribunal Ambajogai
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Nature of Litigation
Writ petition challenging the order of the Surplus Land Determination Tribunal declaring certain lands as surplus under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Remedy Sought
The petitioners sought quashing of the Tribunal's order dated 30th April 1993 and a direction for fresh hearing after giving opportunity of hearing.
Filing Reason
The impugned order was passed without giving any opportunity of hearing to the original petitioner, in violation of Section 12(6) of the Act and principles of natural justice.
Previous Decisions
The Surplus Land Determination Tribunal, Ambajogai, passed an order on 30th April 1993 declaring certain lands as surplus.
Issues
Whether the impugned order was passed in violation of principles of natural justice and Section 12(6) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961?
Submissions/Arguments
Petitioners argued that the Tribunal passed the order without giving any opportunity of hearing to the original petitioner, violating Section 12(6) of the Act.
Respondents opposed the petition, but the court found merit in the petitioners' contention.
Ratio Decidendi
The order of the Surplus Land Determination Tribunal was passed in gross violation of principles of natural justice and Section 12(6) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, as no opportunity of hearing was afforded to the original petitioner before declaring the lands as surplus. Hence, the order is liable to be set aside and the matter remanded for fresh hearing.
Judgment Excerpts
The impugned order is passed without giving any opportunity of hearing to the original petitioner, therefore, the same is in gross violation of principles of natural justice and also Section 12(6) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
In the result, the writ petition is allowed. The impugned order dated 30th April 1993 passed by the Chairman, Surplus Land Determination Tribunal, Ambajogai, is quashed and set aside.
Procedural History
The original petitioner Babasaheb Balwant Bawane filed Writ Petition No. 1813 of 1993 in the Bombay High Court, Aurangabad Bench, challenging the order dated 30th April 1993 of the Surplus Land Determination Tribunal, Ambajogai. During the pendency of the petition, Babasaheb died, and his legal heirs were brought on record. The petition was heard and decided on 9th March 2011.
Acts & Sections
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961: Section 12(6)
