Case Note & Summary
The Jasai Grampanchayat filed a writ petition challenging an order dated 18th November 2003 passed by the Minister of Rural Development and Water Conservation Department under Section 155 of the Bombay Village Panchayats Act, 1958, and a corrigendum dated 10th March 2004 issued by the State of Maharashtra. The Minister's order allowed the revision filed by Dhutum Grampanchayat, permitting it to levy and collect taxes on properties of Indian Oil Corporation situated in areas known as Shemtikhar, Valtikhar and Muthekhar. The corrigendum corrected the earlier Government Notification dated 1st February 1995 to delete these areas from the territory of village Jasai. The facts revealed that village Chirle was bifurcated and certain territories (Shemtikhar, Valtikhar and Muthekhar) were merged into village Dhutum Pada following the procedure under Section 4 of the Act. The petitioner did not challenge the merger order. The court considered whether the Minister's order and corrigendum were valid. The court held that since the territories were lawfully transferred to Dhutum Pada, the Minister's order allowing Dhutum Grampanchayat to levy taxes on those properties was correct, and the corrigendum merely reflected the correct position. The petition was dismissed.
Headnote
A) Bombay Village Panchayats Act, 1958 - Section 155 - Revision - Territorial Dispute - Minister's power to revise orders - The Minister allowed revision filed by Dhutum Grampanchayat permitting it to levy taxes on properties of Indian Oil Corporation in Shemtikhar, Valtikhar and Muthekhar areas, which were earlier part of village Chirle and merged into Dhutum Pada under Section 4 of the Act. The Court held that the Minister's order and corrigendum were valid as the territories were lawfully transferred. (Paras 2-3) B) Bombay Village Panchayats Act, 1958 - Section 4 - Bifurcation and Merger of Village - Procedure - The bifurcation of village Chirle and merger of Shemtikhar, Valtikhar and Muthekhar into Dhutum Pada was done following the procedure under Section 4 of the Act. The Court noted that the petitioner did not challenge the merger order. (Para 3) C) Bombay Village Panchayats Act, 1958 - Corrigendum - Government Notification - Correction of Notification - The corrigendum dated 10th March 2004 corrected the earlier Notification dated 1st February 1995 to delete the disputed areas from Jasai village territory. The Court upheld the corrigendum as it reflected the correct position. (Para 2)
Issue of Consideration
Whether the Minister's order under Section 155 of the Bombay Village Panchayats Act, 1958 allowing the Dhutum Grampanchayat to levy taxes on properties in Shemtikhar, Valtikhar and Muthekhar areas, and the subsequent corrigendum deleting these areas from Jasai Grampanchayat's territory, are valid.
Final Decision
The petition is dismissed. The Minister's order dated 18th November 2003 and the corrigendum dated 10th March 2004 are upheld.
Law Points
- Revision under Section 155 of Bombay Village Panchayats Act
- 1958
- Territorial jurisdiction of Grampanchayat
- Corrigendum to Government Notification
- Bifurcation and merger of village territories under Section 4 of the Act
