Bombay High Court
Raoji Hambarde Charitable Trust Thr. ... vs The State Of Mah. Thr Its Secretary & 2 Ors on 20 March, 2018
Author: R.K. Deshpande
Bench: R.K. Deshpande
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wp4373.08.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.4373 of 2008
Raoji Hambarde Charitable Trust,
through its President,
R/o Vakil Line,
Amravati, Dist. Amravati. ... Petitioner
Versus
1. The State of Maharashtra,
through its Secretary,
Department of Revenue and
Forest, Mantralaya,
Mumbai-32.
2. The Additional Commissioner,
Amravati Division,
Civil Lines, Amravati.
3. The Collector,
Amravati,
Civil Lines, Amravati,
Dist. Amravati. ... Respondents
Shri Anand Parchure, Advocate for Petitioner.
Shri K.R. Lule, Assistant Government Pleader for Respondents.
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Coram : R.K. Deshpande, J.
th Dated : 20 March, 2018 Oral Judgment :
1. The challenge in this petition is to the order dated 4-6-1993 passed by the respondent No.3-Collector, Amravati, resuming the land Plot No.9/1, Sheet No.67(A), admeasuring 32026 sq.ft. allotted to the petitioner-Trust for a period of thirty-two years. The petition also challenges the order dated 1-9-2008 passed by the respondent No.2-Additional Commissioner, Amravati Division, Amravati, in appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 dismissing the appeal preferred by the petitioner-Trust.
2. The facts gathered from the return filed by the respondents in this petition are as under :
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wp4373.08.odt The dispute pertains to Plot No.9, area 32026 sq.ft. Nazul Sheet No.67-A, which is a Government land. It was granted to the petitioner-Trust on lease for a period of five years on temporary basis from 1923. The lease was thereafter renewed for a further period of five years from 3-3-1928 to 31-3-1932. Thereafter, it was renewed for a period of thirty years from 1-4-1932 to 31-3-1962. It was further renewed for a period of ten years from 1-4-1962 to 31-3-1972. Thereafter, there is no renewal.
3. The case of the petitioner-Trust is 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. In terms of sub-section (2) of Section 54 of the Berar Land Revenue Code, all the persons, who prior to commencement of the said Code were granted or held unalienated non-agricultural land under the style of 'occupant or under lease' are entitled to hold the same in perpetuity. Reliance is also placed upon the provision of 146(e) ::: Uploaded on - 23/03/2018 ::: Downloaded on - 24/03/2018 01:29:38 ::: 4 wp4373.08.odt of the Madhya Pradesh Land Revenue Code, which came into force in 1954, and Section 29 of the Maharashtra Land Revenue Code, which came into force in 1966. According to the petitioner-Trust, they have perfected their title over the property in question as Bhumiswami land and all restrictions imposed in the lease-deed prior to 1928 are wiped out. Specific reference is made to the case of The Shrikrishna Theosophical Lodge, Amravati, to whom Nazul land in Plot No.72, Sheet No.68-B of Amravati was granted by the Government and it was held that by virtue of sub-section (2) of Section 54 of the Berar Land Revenue Code, 1928, all the conditions imposed were wiped out.
4. It is not in dispute that even the Collector had recommended the Commissioner, Nagpur Division, Nagpur, on 20-7-1976 placed on record as Annexure-II that the land in occupation of the petitioner-Trust needs to be treated alike to that of the land which was granted to The Shrikrishna Theosophical Lodge, Amravati, and opinion was sought to confirm the view ::: Uploaded on - 23/03/2018 ::: Downloaded on - 24/03/2018 01:29:38 ::: 5 wp4373.08.odt that the petitioner-Trust has also acquired the status of full owner and that no permission as sought for, is necessary for construction of shops.
5. The order dated 24-5-1971 passed by the Revenue & Forest Department of the State Government in the name of the Commissioner, Nagpur Division, Nagpur, in respect of The Shrikrishna Theosophical Lodge, Amravati, holding that in view of sub-section (2) of Section 54 of the Berar Land Revenue Code, 1928, all restrictions imposed in the lease of land granted to the said Trust stood wiped out and, therefore, no permission for construction of shops would be required, is placed on record.
Such a view expressed by the Collector was accepted to be a correct view.
6. In the return filed by the respondent No.3-Collector, Amravati, in the present petition, a distinction is sought to be made that the petitioner was granted the land in question on ::: Uploaded on - 23/03/2018 ::: Downloaded on - 24/03/2018 01:29:38 ::: 6 wp4373.08.odt temporary lease, which is clearly mentioned in the lease conditions. The respondents have accepted the entire position in their return, and in the Annexure-II to the petition, to the effect the condition that the lease was temporary, which gets wiped out and no permission would be required for construction of shops to augment the income of the petitioner-Trust.
7. In view of above, this petition is allowed. The order dated 4-6-1993 passed by the respondent No.3-Collector, Amravati, and the order dated 1-9-2008 passed by the respondent No.2-Additional Commissioner, Amravati Division, Amravati, are hereby quashed and set aside.
8. Rule is made absolute in the aforesaid terms. No order as to costs.
Judge.
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