Case Note & Summary
The petitioners, Bombay Fibre Industries Pvt. Ltd. and its director Amit Kothari, filed a writ petition challenging Mutation Entry No. 813 dated 25th May 2009 made in the revenue records of land bearing Gat Nos. 1-1/B, 1/6A, 1/6B and 1/7 of village Manpada, district Thane, admeasuring about 34664 sq. mtrs. The mutation entry recorded that the land was subject to exemption under the Urban Land (Ceiling & Regulation) Act, 1976. The petitioners contended that the mutation entry was made without any notice to them and without any application of mind by the revenue authorities. They argued that they were the owners of the land and that the entry adversely affected their rights. The respondents, including the State of Maharashtra and various revenue officers, opposed the petition. The court, after hearing the parties, found that the mutation entry was indeed made without notice to the petitioners and without any application of mind. The court held that such an entry cannot be sustained and set it aside. The court further directed the respondents to consider the petitioners' objections and pass appropriate orders after giving them an opportunity of hearing. The writ petition was allowed with no order as to costs.
Headnote
A) Land Law - Mutation Entry - Notice - The mutation entry recording exemption under the Urban Land (Ceiling & Regulation) Act, 1976 was made without notice to the petitioners, who were the owners of the land, and without any application of mind by the revenue authorities. The court held that such an entry cannot be sustained and set it aside. (Paras 1-15) B) Urban Land Ceiling - Exemption - Revenue Records - The exemption under the Urban Land (Ceiling & Regulation) Act, 1976 cannot be recorded in revenue records without a proper inquiry and without giving an opportunity of hearing to the affected parties. The court directed the respondents to consider the petitioners' objections and pass appropriate orders after hearing them. (Paras 1-15)
Issue of Consideration
Whether Mutation Entry No. 813 dated 25th May 2009 recording exemption under the Urban Land (Ceiling & Regulation) Act, 1976 in respect of the petitioners' land was validly made without notice to the petitioners and without application of mind by the revenue authorities.
Final Decision
The writ petition is allowed. Mutation Entry No. 813 dated 25th May 2009 is set aside. The respondents are directed to consider the petitioners' objections and pass appropriate orders after giving them an opportunity of hearing. No order as to costs.
Law Points
- Mutation entry cannot be made without notice to affected parties
- Mutation entry must be based on application of mind by revenue authorities
- Exemption under Urban Land (Ceiling & Regulation) Act
- 1976 cannot be recorded in revenue records without proper inquiry
