Case Note & Summary
The petitioner, M/s Annapurna Land Developers, a partnership firm, filed a Writ Petition under Article 226 of the Constitution of India seeking a direction to the Collector, Thane (Respondent No.2) to consider its application dated 15/4/2011 for Non-Agricultural (NA) permission in respect of certain lands situated at village Navghar, Bhayandar (East), Taluka and District Thane, within the limits of Mira Bhayander Municipal Corporation. The petitioner claimed to be the owner/developer of the said lands. Respondent No.3, The Estate Investment Co. Pvt. Ltd., claimed to be a superior holder in respect of the lands based on a Deed of Indenture dated 7/11/1870 and subsequent deeds of assignment. In a dispute arising out of mutation entries, the name of respondent No.3 was removed from the occupant column and entered in other rights columns. The petitioner's application for NA permission was not being considered by the Collector, allegedly due to the pendency of civil disputes regarding title between the petitioner and respondent No.3. The petitioner sought a direction to the Collector to consider the application following the procedure under the Maharashtra Land Revenue Code, 1966. The court held that the Collector is duty-bound to consider the application on its own merits under the Code, without being influenced by civil court orders regarding title disputes. The court directed the Collector to consider the petitioner's application dated 15/4/2011 for NA permission in respect of the suit properties, following the procedure laid down under the Maharashtra Land Revenue Code, 1966, and to decide the same on its own merits, without being influenced by any observations made in the judgment. The petition was disposed of accordingly.
Headnote
A) Land Revenue - Non-Agricultural Permission - Section 44, 45 Maharashtra Land Revenue Code, 1966 - Duty of Collector - The Collector must consider an application for NA permission on its own merits under the Code, without being influenced by civil court orders regarding title disputes between parties. The Collector cannot refuse to consider the application solely on the ground that a civil suit is pending. (Paras 2-10) B) Land Revenue - Mutation Entries - Effect of Civil Suit - The pendency of a civil suit regarding title does not bar the revenue authorities from considering an application for NA permission, as the revenue authorities are to act in accordance with the provisions of the Maharashtra Land Revenue Code, 1966. (Paras 5-10) C) Land Revenue - Consideration of Application - Section 44, 45 Maharashtra Land Revenue Code, 1966 - The Collector is directed to consider the petitioner's application dated 15/4/2011 for NA permission in respect of the suit properties, following the procedure laid down under the Code, and to decide the same on its own merits, without being influenced by any observations made in the judgment. (Paras 10-12)
Issue of Consideration
Whether the Collector is obliged to consider and decide the application for Non-Agricultural permission (NA permission) filed by the petitioner under the Maharashtra Land Revenue Code, 1966, despite the pendency of civil disputes regarding title between the petitioner and respondent No.3.
Final Decision
The court directed the Collector, Thane (Respondent No.2) to consider the petitioner's application dated 15/4/2011 for NA permission in respect of the suit properties, following the procedure laid down under the Maharashtra Land Revenue Code, 1966, and to decide the same on its own merits, without being influenced by any observations made in the judgment. The petition was disposed of accordingly.
Law Points
- Non-Agricultural Permission
- Maharashtra Land Revenue Code 1966
- Section 44
- Section 45
- Duty of Collector
- Consideration on Merits
- Title Disputes Not Relevant
