Case Note & Summary
The petitioner, Rajendra s/o Durgadas Taori, filed a writ petition challenging the communication dated 05/06/2006 rejecting his application under Section 44 of the Maharashtra Land Revenue Code, 1966 for permission to convert agricultural land (Survey No.34/1, Tahsil Ramtek, District Nagpur) for non-agricultural use. The petitioner had submitted the application on 01/03/2006 in the prescribed form under Section 44(1)(a) of the Code. According to Section 44(3), if such application is not decided within 90 days, the permission is deemed to have been granted. The period of 90 days expired on 02/06/2006, but the rejection order was passed on 05/06/2006, i.e., after the expiry of the 90-day period. The respondents opposed the petition on the ground that the petitioner failed to obtain 'no objection certificates' from the Town Planning Department and the Tahsildar, Ramtek, and that the land was proposed to be reserved for Sanskrit University as per a Government Circular dated 28/11/1987. The petitioner relied on the Division Bench decision in Ganesh Ginning and Pressing Company Ltd., Jalna vs. State of Maharashtra and others, 2005(4) Mh.L.J. 263. The Court held that under Section 44(3) of the Code, if the application is not decided within 90 days, the permission is deemed to have been granted. The rejection after the expiry of 90 days is invalid. The Court allowed the petition, quashed the impugned communication, and directed the respondents to treat the permission as deemed granted and issue necessary orders within four weeks.
Headnote
A) Land Revenue - Conversion of Land Use - Deemed Permission - Section 44(3) of Maharashtra Land Revenue Code, 1966 - The petitioner applied under Section 44(1)(a) for conversion of agricultural land to non-agricultural use. The application was not decided within 90 days, and rejection was communicated on the 96th day. The Court held that under Section 44(3), if the application is not decided within 90 days, permission is deemed to have been granted. The rejection after the expiry of 90 days is invalid. The Court directed the respondents to treat the permission as deemed granted and issue necessary orders. (Paras 2-5) B) Land Revenue - No-Objection Certificate - Requirement - Section 44 of Maharashtra Land Revenue Code, 1966 - The respondents rejected the application on the ground that no-objection certificates from the Town Planning Department and Tahsildar were not obtained. The Court held that the requirement of no-objection certificates cannot override the statutory deeming provision under Section 44(3). The rejection after the expiry of 90 days is not sustainable. (Paras 2-4) C) Land Revenue - Reservation for Public Purpose - Effect on Conversion - Section 44 of Maharashtra Land Revenue Code, 1966 - The respondents contended that the land was proposed to be reserved for Sanskrit University as per Government Circular dated 28/11/1987. The Court did not address this issue as the petition was allowed on the ground of deemed permission. (Para 4)
Issue of Consideration
Whether the rejection of the application for conversion of agricultural land for non-agricultural use after the expiry of 90 days from the date of application is valid, and whether the petitioner is entitled to deemed permission under Section 44(3) of the Maharashtra Land Revenue Code, 1966.
Final Decision
The petition is allowed. The impugned communication dated 05/06/2006 is quashed and set aside. The respondents are directed to treat the permission as deemed granted under Section 44(3) of the Maharashtra Land Revenue Code, 1966 and to issue necessary orders within four weeks from the date of the order.
Law Points
- Deemed permission under Section 44(3) of Maharashtra Land Revenue Code
- 1966
- Rejection after expiry of 90 days
- No-objection certificate requirement
- Reservation for public purpose
