MURLIDHAR DAYANDEO KESEKAR Vs. VISHWANATH PANDU BARDE

JUDGEMENT

(1.) Admittedly, the land bearing Survey No. 265 to the extent of I I acres 4 gunthas in Sangarnner Badurk Village, Ahmednagar District which belonged to the State government was allotted to first respondent, a tribal, in June 1960. The appellant had entered into an agreement with the tribal-allottee on 27/6/1968 initially to purchase 5 acres of land and later for the entire extent and sought permission for alienation from the Collector. Both the Collector and the Commissioner had refused to grant him the permission. The appellant approached the High court by way of a writ petition. The High court rejected the writ petition summarily. Thus this appeal by special leave.

(2.) Shri Ganpule, learned Senior Counsel for the appellant, contended that the first respondent being a tribal was unable to cultivate the lands and so lawfully entered into the agreement to sell the lands for valuable consideration, subject to permission of the Collector. The District Collector was in error in refusing permission for alienation as the Bombay Revenue Code gives such a power. The appellant was inducted into possession of the land pursuant to the agreement and he remained in possession and is entitled to retain the same under Section 53-A of the Transfer of Property Act, 1882. The authorities were not justified in refusing permission for alienation. The appellant had improved the lands and, therefore, is entitled to compensation for the improvements he had effected.

(3.) The question involved bears wider constitutional dimension. Mahatma Gandhi, the Father of the Nation, in his Socialism of My Conception, at pp. 82- 83 stated that: