Case Note & Summary
The Writ Petition was filed by agriculturists of Village Shene challenging the order dated 14.08.2008 passed by the Superintendent of Land Records, Sangli, which amended a Gut Map by showing a road through their land under the guise of correcting a clerical mistake. The consolidation scheme for the village had been sanctioned under the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 in the year 1961-62. In 2007, the petitioners filed Regular Civil Suit No.397/2007 before the Civil Judge Junior Division, Islampur, and obtained a temporary injunction against respondents 4 and 5, who were attempting to use a road over the petitioners' land. Subsequently, respondents 4 and 5 applied to the land records authorities under Section 31A of the Act, contending that an approach road existed in the old survey map but was erroneously omitted in the consolidation map. The Superintendent allowed the correction on 14.08.2008, thereby creating a road through Gut No.447 after a period of 47 years. The petitioners contended that the power under Section 31A, though not limited by any statutory period, had to be exercised within a reasonable time, and 47 years was unreasonable. They further argued that the amendment was not a mere clerical correction but a substantive variation of the consolidation scheme, which could only be effected under Section 32 of the Act after following due procedure. The respondents maintained that it was a bona fide correction of a clerical error and that the road had been used since before the scheme. The High Court, after hearing the parties, noted that Section 31A does not prescribe a limitation period but that the power must be exercised within a reasonable period. Relying on the Division Bench decision in Gulabrao Bhaurao Kakade vs. Nivrutti Krishna Bhilare, the court observed that in the absence of a prescribed period, such power should ordinarily be exercised within a reasonable time, and a delay of 47 years was grossly unjustified. The court found that the impugned order effectively altered the consolidation scheme which had attained finality, and the creation of a new road through the petitioners' land could not be sustained as a clerical correction. Accordingly, the Writ Petition was allowed and the order dated 14.08.2008 was quashed, holding that the authorities had exceeded their jurisdiction by varying the scheme under the pretext of a correction.
Headnote
A) Property Law - Land Consolidation - Correction of Clerical Mistakes vs. Variation of Scheme - Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Sections 31A, 32 - The power to correct clerical mistakes under Section 31A cannot be used to vary a final consolidation scheme after an unreasonable delay; here, 47 years is unreasonable and the amendment creating a new road amounted to a substantive variation - Held that the order dated 14.08.2008 by the Superintendent of Land Records was illegal and was quashed (Paras 1-6).
Issue of Consideration
Whether the exercise of power under Section 31A of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, to amend a Gut Map and create a road after 47 years, is valid despite absence of statutory limitation
Final Decision
The Writ Petition is allowed and the impugned order dated 14 August 2008 is quashed. The authorities exercised power unreasonably after 47 years, and such action under Section 31A was impermissible as it amounted to variation of the scheme.
Law Points
- Power under Section 31A of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act
- 1947 must be exercised within reasonable period even if no limitation prescribed
- correction of clerical mistake cannot amount to variation of consolidation scheme under guise of Section 31A
- interference with consolidation scheme after unreasonable delay is impermissible
