Case Note & Summary
The petitioner, Raoji Hambarde Charitable Trust, challenged the order dated 4-6-1993 passed by the Collector, Amravati, resuming Plot No.9/1, Sheet No.67(A), admeasuring 32026 sq.ft., which had been allotted to the trust on lease for a period of thirty-two years. The petition also challenged the order dated 19-2-2008 passed by the Additional Commissioner, Amravati Division, dismissing the appeal under Section 247 of the Maharashtra Land Revenue Code, 1966. The dispute pertains to Nazul land that was originally granted to the trust on a temporary lease for five years from 1923. The lease was renewed for further periods: from 3-3-1928 to 31-3-1932, then for thirty years from 1-4-1932 to 31-3-1962, and then for ten years from 1-4-1962 to 31-3-1972. After 1972, there was no renewal. The petitioner claimed that they were granted a long-term lease of thirty years even prior to 1-11-1928, when the Berar Land Revenue Code, 1928 came into force. Relying on Section 54(2) of the Berar Land Revenue Code, the petitioner argued that all persons who, prior to the commencement of the Code, held unalienated non-agricultural land under lease are entitled to hold the same in perpetuity. The court, after considering the facts and the return filed by the respondents, held that the petitioner's lease, being a pre-Code lease, is protected under Section 54(2) of the Berar Land Revenue Code, 1928. The court set aside the orders of the Collector and the Additional Commissioner, allowing the writ petition. The judgment was delivered by Justice R.K. Deshpande on 20th March, 2018.
Headnote
A) Land Revenue - Perpetual Lease - Section 54(2) Berar Land Revenue Code, 1928 - Pre-Code Leaseholders - The petitioner-trust held a lease of government land from 1923, prior to the Berar Land Revenue Code, 1928. Section 54(2) of the Code provides that all persons who, before its commencement, held unalienated non-agricultural land under lease are entitled to hold the same in perpetuity. The court held that the petitioner's lease, being a pre-Code lease, is protected under Section 54(2) and cannot be resumed except in accordance with law. The orders of the Collector and Additional Commissioner resuming the land and dismissing the appeal were set aside. (Paras 1-3) B) Land Revenue - Resumption of Land - Section 146(e) Berar Land Revenue Code, 1928 - The court also considered Section 146(e) of the Berar Land Revenue Code, which deals with resumption of land. However, the court did not elaborate on this provision in the judgment text provided. (Para 3) C) Land Revenue - Appeal - Section 247 Maharashtra Land Revenue Code, 1966 - The Additional Commissioner dismissed the petitioner's appeal under Section 247 of the Maharashtra Land Revenue Code, 1966. The court held that the appeal was wrongly dismissed as the petitioner's rights under Section 54(2) of the Berar Land Revenue Code were not considered. (Para 1)
Issue of Consideration
Whether the petitioner-trust, which held a lease of government land prior to the commencement of the Berar Land Revenue Code, 1928, is entitled to hold the land in perpetuity under Section 54(2) of the said Code, and whether the orders of resumption and dismissal of appeal are sustainable.
Final Decision
The writ petition is allowed. The order dated 4-6-1993 passed by the Collector, Amravati, and the order dated 19-2-2008 passed by the Additional Commissioner, Amravati Division, are quashed and set aside.
Law Points
- Berar Land Revenue Code
- 1928
- Section 54(2)
- Section 146(e)
- perpetual lease
- resumption of land
- pre-existing rights
- non-agricultural land
- lease renewal
- Maharashtra Land Revenue Code
- 1966
- Section 247
