Consolidation Scheme was challenged after 50 years and that too, in appeal under Section 247 of MLR Code – Order allowing application for condonation of delay in filing appeal.
Respondent no.1 Hausabai is the owner of agricultural land survey no.369 at Koregaon Bhima Tq. Shirur Dist. Pune.
Petitioners & Respondent nos.2 to 5 are co-holders of land Gat No.374.
Respondent Nos.6 and 7 are owners of land Gat No.373.
According to the petitioners, these gat numbers originally numbered as Survey Nos.124/4A, 124/4B and 124/4C , each, was 1 acre and 24 gunthas.
However, in the consolidation scheme, the area was reduced, there was a mistake by the revenue authorities in carving out gat numbers and Mutation Entry Nos.4584 dated 21.12.1969 and 4579 were wrongly made.
However, this mistake was realised in 2012 and the respondent no.1 filed an application to correct the record. However, by the letter dated 7.11.2012, the District Superintendent informed that she may prefer appeal since the consolidation scheme was fully implemented.
On 11.6.2016, the respondent no.1 filed application before the Settlement Commissioner, who, in turn, informed vide letter dated 7.4.2017 that there was no defect in the scheme and third party interests have been created in the nature of non-agricultural use, etc and the application was disposed.
Respondent no.1 filed appeal and also application for condonation of delay in filing appeal. By the order dated 6.9.2022 of the District Superintendent of Land Records, Pune, delay of 50 years was condoned.
HELD that the respondent no.1 had in effect challenged the legality of the consolidation scheme and it falls under Section 32 of the Act of 1947. The impugned order touches the jurisdiction of the authorities under 1947 Act to vary scheme under Section 32 of the Act. Moreover, third party interests are created. Similarly, the Superintendent cannot usurp powers of Settlement Commissioner. The writ petition was allowed.
Judgment dated 4.10.2023 of the High Court of Bombay in Writ Petition No.12877 of 2022 in the case of M/s. Aluwid Architectural Private Ltd and others Vs. Housabai Jagannath Gavhane and others
