Case Note & Summary
The appellants, Sou. Bhagyashreeraje w/o Shivajirao Dhanwatey and Shivajirao Vasantrao Dhanwatey, challenged the judgment of a learned Single Judge in Writ Petition No. 1828/93, which upheld the order of the Maharashtra Revenue Tribunal (MRT) declaring 34.47 acres of land as surplus under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The appellants had filed their return under Section 12 of the Act on 5.12.1975. The Sub-Divisional Land Tribunal (SLDT), Bhandara, initially passed an order under Section 21 on 5.4.1976 declaring 92.91 acres as surplus. The appellants appealed to the MRT, which set aside the order and remanded the matter on 23.12.1976. On fresh consideration, the SLDT passed an order on 27.10.1978 declaring 87.75 acres as surplus. The appellants again appealed, and the MRT remanded the matter on 17.7.1981. The Sub-Divisional Officer (SDO) confirmed the order of 27.10.1978 on 27.7.1992. The appellants appealed once more, and the MRT, by order dated 23.4.1993, declared 34.47 acres as surplus. The appellants filed a writ petition, which was dismissed by the learned Single Judge. In the present Letters Patent Appeal, the sole ground raised was that the authorities below failed to exclude the area occupied by a natural tank in the appellants' land from the total holding. The court held that the land occupied by a natural tank is part of the agricultural holding and cannot be excluded unless the landholder proves that the tank is not cultivable. The burden of proof lies on the landholder, and the appellants failed to discharge that burden. The appeal was dismissed with no order as to costs.
Headnote
A) Land Ceiling - Exclusion of Natural Tank - Section 21 Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - The appellants contended that the area occupied by a natural tank in their land should be excluded from the total holding while computing surplus land. The court held that the land occupied by a natural tank forms part of the agricultural holding and cannot be excluded unless the landholder proves that the tank is not cultivable. The burden of proof lies on the landholder. The appeal was dismissed. (Paras 2-4)
Issue of Consideration
Whether the land occupied by a natural tank can be excluded from the total area of the holding while determining surplus land under Section 21 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Final Decision
The Letters Patent Appeal is dismissed. No order as to costs.
Law Points
- Natural tank area is part of agricultural holding
- cannot be excluded from surplus land calculation
- burden of proof on landholder to show tank is not cultivable
- Section 21 Maharashtra Agricultural Lands (Ceiling on Holdings) Act
- 1961
Case Details
2006 LawText (BOM) (07) 104
Letters Patent Appeal No. 96 of 1994
R.M.S. Khandeparkar, S.R. Dongaonkar
S.V. Manohar, A.S. Manohar for appellants; Mrs. B.H. Dangre, A.G.P. for respondents
Sou. Bhagyashreeraje w/o Shivajirao Dhanwatey and Shivajirao Vasantrao Dhanwatey
The State of Maharashtra and Sub-Divisional Officer, Nagpur
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Nature of Litigation
Letters Patent Appeal against judgment of Single Judge in writ petition challenging order of Maharashtra Revenue Tribunal declaring surplus land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Remedy Sought
Appellants sought exclusion of area occupied by natural tank from total holding for computation of surplus land.
Filing Reason
Appellants aggrieved by inclusion of natural tank area in surplus land calculation.
Previous Decisions
SLDT order dated 5.4.1976 declaring 92.91 acres surplus (set aside and remanded); SLDT order dated 27.10.1978 declaring 87.75 acres surplus (set aside and remanded); SDO order dated 27.7.1992 confirming 27.10.1978 order; MRT order dated 23.4.1993 declaring 34.47 acres surplus; Single Judge dismissed Writ Petition No. 1828/93.
Issues
Whether the area occupied by a natural tank can be excluded from the total holding while determining surplus land under Section 21 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.
Submissions/Arguments
Appellants argued that the natural tank area should be excluded as it is not cultivable.
Respondents argued that the tank forms part of the agricultural holding and cannot be excluded.
Ratio Decidendi
The land occupied by a natural tank forms part of the agricultural holding and cannot be excluded from the total area for the purpose of determining surplus land under Section 21 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, unless the landholder proves that the tank is not cultivable. The burden of proof lies on the landholder.
Judgment Excerpts
The only ground on which the impugned judgment is sought to be challenged is that the learned Single Judge as well as authorities below failed to take note of the fact of existence of natural tank in the land of the family unit of the appellants while ascertaining the total area available as the surplus land for the purpose of declaration under Section 21 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 and considered the land occupied by natural tank as forming part of the land available at the disposal of the appellants.
The land occupied by natural tank is part of the agricultural holding and cannot be excluded from the total holding unless the landholder proves that the tank is not cultivable. The burden of proof lies on the landholder.
Procedural History
Appellants filed return under Section 12 on 5.12.1975. SLDT Bhandara passed order under Section 21 on 5.4.1976 declaring 92.91 acres surplus. Appeal to MRT resulted in remand on 23.12.1976. SLDT passed fresh order on 27.10.1978 declaring 87.75 acres surplus. Appeal to MRT resulted in remand on 17.7.1981. SDO confirmed order on 27.7.1992. Appeal to MRT resulted in order dated 23.4.1993 declaring 34.47 acres surplus. Writ Petition No. 1828/93 dismissed by Single Judge. Present Letters Patent Appeal No. 96 of 1994 filed.
Acts & Sections
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961: 12, 21
