(1.) THE matter relates to payment of premium of land to new and indivisible tenure and restricted tenure for transferring or change of purpose for transferring from new tenure to old tenure land i.e. agriculture purpose to non-agriculture purpose. THE petitioners having challenged either the validity of Section 43 of the Bombay Tenancy & Agricultural Lands Act, 1948 [hereinafter referred to as "the Tenancy Act"] and/or the resolution dated 4.7.2008 issued by the State Government for giving effect to Section 43 and/or the rate of jantri i.e the minimum valuation of the land of one or the other areas, they were heard together and decided by this common judgment.
(2.) AT this stage, it may be mentioned that though a number of writ petitions were heard together, but the argument was mainly advanced by 5 to 6 senior counsel, rest of the counsel adopted the same and some of them filed written submissions highlighting the merits of their individual case. While deliberating our judgment, common arguments as highlighted and advanced by the counsel have been noticed by us, but the individual claim and counter claim is not decided in this case, for the reasons mentioned hereunder and/or as the same can be determined by the competent authority.
(3.) THE challenge to the validity of Section 43 was made on the following grounds:-