MOTILAL RAMCHANDRA VORA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners of these two writ petitions are owners of certain lands mentioned in their respective petitions situated in Malsbiras Taluka of Solapur District. The petitioners had originally leased out their lands to Saswad Mali Sugar Factory Ltd. , Mali Nagar, Malsbiras, for the purpose of growing sugarcane. According to the petitioners of Writ Petition No. 2255 of 1988, the said Saswad Mali Sugar Factory Ltd. , the lessees, were permitted to sub-lease and had granted sub-lease of the said lands in favour of Saswad Mali Sahakari Karkhana at Mali Nagar. According to the petitioner of Writ Petition No. 2068 of 1979, the Respondent No. 2, the Sugar Factory, had subleased the lands in favour of others mentioned in the petition. The said Respondent No. 2 had leased out the entire factory, machinery etc. , to the Respondent No. 3 Saswad Mali Sahakari Sakhar Karkhana.

(2.) SECTION 88 (1) of the Bombay Tenancy and Agricultural Lands Act 1948, as originally enacted, totally excluded the application of the said Act to lands held on lease for the benefit of an industrial or commercial undertakings. Section 30 of Bombay Act No. 13 of 1966 had, inter alia, amended the Bombay Tenancy and Agricultural Lands Act, 1948, by inserting section 43-A in the principal Act. The said amending Act 13 of 1966 had also substituted the original section 88 of the principal Act.

(3.) SECTION 43-A of the Bombay Tenancy and Agricultural Lands Act, 1948, is in the following terms:---