Case Note & Summary
The petitioners, Colonel Sambhaji Patil, Group Captain P.S. Pardeshi, and M.A. Wadke (since deceased), were ex-servicemen who were allotted 3 hectares each of surplus land in Survey No.23 under Section 27 of the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961, by order of the Tahasildar, Mulashi, dated 27th January, 1992. The land originally belonged to Respondent No.2, Smt. Laxmibai Bapu Wani, and had been declared surplus by order dated 26th May, 1970, with notification issued on 18th June, 1970. Subsequently, by order dated 11th June, 1993, the allotment was modified to one hectare each in part of Survey No.23. Respondent No.2 challenged the allotment before the Designated Member of the Maharashtra Revenue Tribunal, Pune-I, who by order dated 16th April, 1998, set aside the allotment and directed the Tahasildar to initiate proceedings under the Act. The petitioners challenged this order by way of a writ petition. The court held that the Designated Member had no jurisdiction to entertain the application as the Act provides a complete code for determination and distribution of surplus land, and the powers of the Designated Member are limited to matters arising under the Act. Additionally, the impugned order was passed without notice to the petitioners, violating principles of natural justice. The court set aside the order dated 16th April, 1998 and the notice dated 21st July, 1998, and allowed the petition with no order as to costs.
Headnote
A) Jurisdiction - Designated Member - Scope of Powers - Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961 - The Designated Member of the Maharashtra Revenue Tribunal has no jurisdiction to entertain an application by a landholder challenging the allotment of surplus land made under Section 27 of the Act, as the Act provides a complete code for determination of surplus land and its distribution, and the Designated Member's powers are limited to matters arising under the Act. The impugned order dated 16th April, 1998 was set aside as without jurisdiction. (Paras 1-10)
B) Natural Justice - Violation of Principles - Allotment of Land - Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961 - The impugned order was passed without notice to the petitioners, who were the allottees of the land, thereby violating the principles of natural justice. The order was set aside on this ground as well. (Paras 1-10)
C) Allotment to Ex-Servicemen - Section 27 - Finality of Allotment - Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961 - The allotment of land to ex-servicemen under Section 27 of the Act, once made by the Tahasildar, attains finality and cannot be reopened at the instance of the landholder. The petitioners, being ex-servicemen, were validly allotted 3 hectares each in Survey No.23. (Paras 2-5)
Issue of Consideration
Whether the Designated Member of the Maharashtra Revenue Tribunal had jurisdiction to entertain an application by the landholder (Respondent No.2) challenging the allotment of surplus land to ex-servicemen made under Section 27 of the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961, and whether the impugned order dated 16th April, 1998 was passed in violation of principles of natural justice.
Final Decision
The court allowed the writ petition, set aside the order dated 16th April, 1998 passed by the Designated Member of Maharashtra Revenue Tribunal, Pune-I, and the notice dated 21st July, 1998 issued by Respondent No.3. No order as to costs.
Law Points
- Jurisdiction of Designated Member under Maharashtra Agricultural Lands (Ceiling and Holdings) Act
- 1961
- Section 27 allotment to ex-servicemen
- principles of natural justice
- finality of allotment orders
- scope of review under the Act
Case Details
2005 LawText (BOM) (02) 386
Writ Petition No.4630 of 1998
F.I. Rebello, S.P. Kukday
Mr. V.C. Shah i/b. M/s. L.C. Tolat & Co. for Petitioners, Mr. C.R. Sonawane, A.G.P. for Respondent Nos.1 & 3, Mr. A.V. Chatuphale for Respondent No.2
Colonel Sambhaji Patil, Group Captain P.S. Pardeshi, M.A. Wadke
State of Maharashtra, Smt. Laxmibai Bapu Wani, The Talati Mouje Devdhar
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Nature of Litigation
Writ petition challenging the legality and validity of an order passed by the Designated Member of Maharashtra Revenue Tribunal setting aside allotment of surplus land to ex-servicemen.
Remedy Sought
Petitioners sought quashing of the order dated 16th April, 1998 passed by the Designated Member and the notice dated 21st July, 1998 issued by Respondent No.3.
Filing Reason
The Designated Member set aside the allotment of land made to the petitioners under Section 27 of the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961, without jurisdiction and without giving them notice.
Previous Decisions
The Tahasildar, Mulashi, by order dated 27th January, 1992, allotted 3 hectares each to the petitioners from surplus land of Respondent No.2. This was modified by order dated 11th June, 1993 to one hectare each. The Designated Member set aside these allotments by order dated 16th April, 1998.
Issues
Whether the Designated Member of the Maharashtra Revenue Tribunal had jurisdiction to entertain the application of Respondent No.2 challenging the allotment of surplus land made under Section 27 of the Act.
Whether the impugned order was passed in violation of principles of natural justice as the petitioners were not given notice.
Submissions/Arguments
Petitioners argued that the Designated Member had no jurisdiction to entertain the application as the Act provides a complete code for determination and distribution of surplus land, and the allotment under Section 27 is final.
Petitioners also argued that the impugned order was passed without notice to them, violating principles of natural justice.
Respondent No.2 argued that the allotment was illegal and the Designated Member had jurisdiction to correct errors.
Ratio Decidendi
The Designated Member of the Maharashtra Revenue Tribunal has no jurisdiction to entertain an application by a landholder challenging the allotment of surplus land made under Section 27 of the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961, as the Act provides a complete code for determination and distribution of surplus land. Additionally, any order affecting the rights of allottees must be passed after giving them notice, failing which it violates principles of natural justice.
Judgment Excerpts
Petitioners by the present petition have challenged the legality and validity of the order dated 16th April, 1998 passed by the Designated Member of Maharashtra Revenue Tribunal, Pune-I and proceeding initiated there under by Respondent no.3 by notice dated 21st July, 1998.
It is the case of the petitioners that several lands belonging to Respondent no.2 were declared to be surplus by order of 26th May, 1970 and the notification came to be issued on 18th June, 1970.
From the lands which were declared surplus the Tahasildar Mulashi by an order dated 27th January, 1992 distributed to each of the petitioner Nos.1 and 2 and late Vadke who were Ex-services personnel 3 hectares under Section 27 of the Maharashtra Agricultural lands (Ceiling and holding) Act, 1961.
Procedural History
The Tahasildar, Mulashi, declared certain lands of Respondent No.2 as surplus on 26th May, 1970, with notification on 18th June, 1970. On 27th January, 1992, the Tahasildar allotted 3 hectares each to the petitioners under Section 27 of the Act. This was modified on 11th June, 1993 to one hectare each. Respondent No.2 challenged the allotment before the Designated Member of the Maharashtra Revenue Tribunal, who by order dated 16th April, 1998 set aside the allotment. The petitioners filed Writ Petition No.4630 of 1998 on 1st September, 1998, and an ad-interim order was granted. Rule was issued on 24th November, 1998 with interim relief. The petition was finally heard and disposed of on 22nd February, 2005.
Acts & Sections
- Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961: Section 27
