Section 63 of Bombay Tenancy Act, 1948 – Penalty & resumption of land
The land in question was originally Inam land in possession of Keshav Laxman Jadhav – Sarnaik. After his death, the names of his sons were recorded in the revenue record on 24.10.1953.
On 30.4.1964, an order was passed for re-grant of the land to the heirs of Keshav on payment of Nazrana amount. Thereafter, the land was converted from Inam to Rayatwa lands on certain terms and conditions. It was recorded vide mutation entry no.6273 of 8.12.1964.
There was no restriction on transfer of the said land but there was a specific condition for 50% of market value for NA use.
On 11.2.1970, the land was sold to Patel family and mutation entry no.7412 dated 25.5.1970 was taken. The terms and conditions of re-grant order were also binding on the society.
In 1979, the petitioner society was formed. The sale deed was executed on 14.11.1985 in favour of the petitioner for the said land. On 7.8.1986 the society was registered as tenant / ownership society with 33 members.
On 4.8.1986, NOC for sanitation and health for the lay out was given by the Kolhapur Municipal Corporation. Thereafter, lay out was sanctioned and possession of the plots was given to 33 members.
On 7.11.1988, few members applied for NA permission. There was no response.
However, by the orders dated 13.9.1989 and 21.12.1990, NA permission was given to the plot nos. 7 and 29, respectively.
After 12 years, the Tahsildar issued show cause notice to the society for breach of the terms and conditions of re-grant and to submit consent letter if the society is willing to pay 50% Nazrana for NA use.
On 6.2.1997, the petitioner filed consent reply.
On 25.3.1997, the petitioner filed fresh application for NA use. There was no response.
On 29.9.1997, a show cause notice was issued for breach of the Tenancy Act and said notice was replied on 13.10.1997.
On 30.5.1999, the order directing the society to hand over possession to the State Government was passed for breach of section 63 of the Tenancy Act and also failure to pay50% of the Nazrana amount.
The appeal and the revision of the society were dismissed in 2001 ad 2003.
HELD that the deeming provision of sub-section (3) of Section 44 of the Maharashtra Land Revenue Code will not apply if the application for such permission is not in accordance with law. NA use was not permissible unless 50% of the market value of the land was paid as per condition no.4 of the re-grant order. However, the order for resumption of the land for breach of Section 63 of the Tenancy Act passed beyond time i.e. after 12 years of the sale-deed is illegal.
Judgment dated 11.6.2024 of the Bombay High Court in Writ Petition No.5982 of 2003 of Trimurti Sahakari Griha Nirman Sanstha Ltd Vs. The Additional Commissioner, Pune Division and others
