Case Note & Summary
The present public interest litigation was filed by residents of Sadak-Arjuni in Gondia district, challenging the notification dated 26.07.2013 issued by the State of Maharashtra through the Principal Secretary, Revenue & Forests Department, which located a Sub-Division at Morgaon-Arjuni. The petitioners, including Dr. Avinash Ramkrishna Kashiwar and others, sought quashing of the notification on the ground that it was issued without following the mandatory consultation process under Section 10 of the Maharashtra Land Revenue Code, 1966. The respondents included the State of Maharashtra, the Revenue Minister, the Commissioner of Nagpur Division, and the Collector of Gondia. Interveners supported the petitioners' case. The court heard arguments from Mr. M.V. Samarth for the petitioners, Mr. S.M. Ukey, Additional Government Pleader for the respondents, and Mr. H.D. Dangre for the interveners. The court found that the notification was issued without consulting the local authorities and residents, which is a statutory requirement under Section 10 of the Maharashtra Land Revenue Code, 1966. The court held that such consultation is mandatory before altering revenue boundaries, and failure to do so renders the notification invalid. Consequently, the court quashed the impugned notification and directed the respondents to conduct a fresh consultation process and reconsider the location of the Sub-Division in accordance with law. The judgment was delivered by a division bench comprising B.R. Gavai and V.M. Deshpande, JJ., on 10.12.2014.
Headnote
A) Public Interest Litigation - Maintainability - Residents of Sadak-Arjuni filed PIL challenging notification for location of Sub-Division at Morgaon-Arjuni - Court held that PIL is maintainable as it concerns public convenience and statutory compliance - Held that residents have locus standi to challenge administrative decisions affecting their rights (Paras 2-4). B) Maharashtra Land Revenue Code, 1966 - Section 10 - Statutory Consultation - Notification dated 26.07.2013 issued without consulting local authorities and residents as required under Section 10 - Court held that consultation is mandatory before altering revenue boundaries - Held that failure to consult renders the notification invalid (Paras 5-8). C) Administrative Law - Quashing of Notification - Notification for Sub-Division location quashed due to non-compliance with statutory procedure - Court directed respondents to conduct fresh consultation and reconsider the location - Held that the impugned notification is set aside (Paras 9-10).
Issue of Consideration
Whether the notification dated 26.07.2013 locating the Sub-Division at Morgaon-Arjuni is valid when the statutory consultation under Section 10 of the Maharashtra Land Revenue Code, 1966 was not followed.
Final Decision
The court quashed the notification dated 26.07.2013 and directed the respondents to conduct fresh consultation and reconsider the location of the Sub-Division in accordance with law.
Law Points
- Statutory consultation mandatory before altering revenue boundaries
- Section 10 Maharashtra Land Revenue Code
- 1966
- Public Interest Litigation maintainability
- Quashing of notification for non-compliance with statutory procedure
