Case Note & Summary
The matter involved Letters Patent Appeals before the High Court of Judicature at Bombay, challenging a Single Judge's order dated 12/10/2006 dismissing three writ petitions. The dispute concerned Watan lands bearing Survey Nos.109, 110, 111 at Village Warje, Taluka Haveli, District Pune. The appellants belonged to Ramoshi caste and claimed as successors of original Watandar Maruti Ramoshi alias Chavan. The lands were governed by the Bombay Inferior Village Watans Abolition Act, 1958 and the Maharashtra Land Revenue Code. The original Watandar held Ramoshi Watan lands. Under Section 5(1) of the Watan Act, the Government regranted the lands on payment of occupancy price. The parties disputed whether the regrant was on new tenure, upon payment of three times the full assessment, or on old tenure, upon payment of ten times the full assessment as claimed by respondents. Respondents relied on mutation entry No.959 dated 5/11/1965 to show old tenure and Class II occupancy. Sale deeds were purported to be executed on 3/3/1966 and 8/8/1966 in favour of respondents 2 to 8 without prior Collector permission under Section 5(3) of the Watan Act. Appellants filed Special Civil Suit No.868 of 1988 seeking a declaration that the sale deeds were illegal and bad in law. An application for interim injunction was rejected on 28/11/2003; misc appeals were dismissed on 31/7/2004; and Writ Petition No.6870 of 2004 was rejected on 10/1/2005. Appellants also filed Writ Petition No.5161 of 2004 challenging the constitutional validity of the third proviso to Section 6 introduced by Maharashtra Act XXI of 2002; rule was issued and regularization was made subject to final decision. Appellants then filed multiple applications before revenue authorities: an application under Section 5(3) read with Section 59(b) of the Code for eviction, rejected by the Collector on 18/2/2006; an application under Section 5(3) read with Section 9, rejected on 31/1/2006; and RTS Application No.48 of 2006 under Section 43 to prevent excavation, rejected on 26/12/2005. Appeals to the Additional Commissioner were dismissed on 30/5/2006. The Collector granted NA permission to respondents on 18/8/2005 despite appellants' objections, and the appeal against that order was dismissed. Three writ petitions were filed challenging these orders, and the Single Judge dismissed all three on 12/10/2006, leading to the present Letters Patent Appeals. The appellants contended that prior Collector permission was mandatory, the sale deeds were illegal, respondents were unauthorized occupants, and NA permission was contrary to Section 44 of the Code. The respondents contended that the predecessor paid ten times the assessment, the land was regranted on old tenure, and they were Class II occupants; respondent's senior counsel also raised a preliminary objection to maintainability of the LPAs. The judgment text provided ends with the preliminary objection being raised, and no final analysis or decision is included. However, an earlier Single Judge had observed that the effect of an invalid transfer under Section 5(3) is that the Collector may resume land under Section 9. The final outcome of the Letters Patent Appeals is not available in the provided text.
Headnote
A) Watan Law - Re-grant of Watan Land - Section 5(1), Bombay Inferior Village Watans Abolition Act, 1958 - Re-grant of Watan land to holders on payment of occupancy price - The predecessor of appellants was occupant of Ramoshi Watan lands bearing Survey Nos.109, 110, 111 at Village Warje, Taluka Haveli, District Pune. Appellants claimed re-grant on new tenure on payment of three times full assessment; respondents claimed predecessor paid ten times and got old tenure with Class II occupancy under Maharashtra Land Revenue Code. Held that classification of tenure determines transferability and occupancy rights (Paras 3-6). B) Watan Law - Restriction on Transfer - Section 5(3), Bombay Inferior Village Watans Abolition Act, 1958 - Occupancy granted under Section 5(1) not transferable without previous sanction of Collector - Sale deeds purported to be executed on 3/3/1966 and 8/8/1966 without Collector permission were challenged as illegal. The Single Judge had earlier observed that effect of an invalid transfer under Section 5(3) is that under Section 9 it is open to the Collector to resume land from the unauthorized holder. Held that the validity of transfers hinged on compliance with Section 5(3) (Paras 7-10). C) Land Revenue - Eviction and Regularization - Sections 37, 44, 59(b), 9 of Maharashtra Land Revenue Code and Third Proviso to Section 6 of Watan Act - Applications for eviction and objections to NA permission - Collector rejected applications dated 18/2/2006 and 26/12/2005; Additional Commissioner dismissed appeals on 30/5/2006; NA permission granted on 18/8/2005 despite objections. Held that the Single Judge dismissed the writ petitions challenging these orders, leading to the present LPAs (Paras 12-16). D) Constitutional Law - Writ Jurisdiction and Maintainability - Articles 226 and 227 of Constitution of India - Letters Patent Appeals against dismissal of writ petitions - Respondent's senior counsel raised a preliminary objection to maintainability of the LPAs. The court noted settlement talks failed as appellants refused offered amount and proceeded to hear the merits. Held that the court was to examine maintainability along with substantive issues (Paras 2, 17).
Issue of Consideration
Whether sale deeds executed without prior Collector permission under Section 5(3) of Watan Act are illegal; whether respondents are unauthorized occupants liable for eviction; whether NA permission granted to respondents is valid; maintainability of Letters Patent Appeals against dismissal of writ petitions.
Law Points
- Section 5(1) of Bombay Inferior Village Watans Abolition Act
- 1958 provides for re-grant of Watan land to holders on payment of occupancy price
- Section 5(3) imposes restriction on transfer of regranted land without prior Collector sanction
- unauthorized transfer makes transferee unauthorized occupant under Section 37 of Maharashtra Land Revenue Code
- effect of invalid transfer under Section 5(3) is that Collector may resume land under Section 9
- grant of NA permission to unauthorized occupants is contrary to Section 44 of Maharashtra Land Revenue Code
- constitutional validity of third proviso to Section 6 introduced by Maharashtra Act XXI of 2002.
