ANUSYABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner held three fields being Khasra Nos. 32/1, 7-22/3, 31/4 and 22, total area 8. 25 acres of mouza Nalwadi, tahsil and district Wardha. She desired to divert her agricultural lands into non-agricultural lands and, therefore, applied to the Sub-Divisional Officer Wardha, for diversion of the said lands.

(2.) THE Sub-Divisional Officer by his order dated 12-12-1960 granted the necessary permission for diversion. The application for diversion was presumably made under Section 156 of the Madhya Pradesh Land Revenue Code which was then in force. Along with the application, the petitioner had filed the proposed layout plan showing the plots to be laid thereunder, which plan was sent to the Town Planning Officer, Nagpur, for scrutiny and opinion. The Sub-Divisional Officer, however, did not fix the premium to be paid by the petitioner on such diversion or the re-assessment of the land on account of the diversion. He left the matter of re-assessment to the Superintendent, Land Records, Wardha. It appears that the question of fixing the premium and the fresh assessment as on non-agricultural land was taken up by the Nazul Maintenance Surveyor (Diverted Land) and he submitted his report to the Sub-Divisional Officer on 18-9-1961, wherein he proposed the premium to be paid by the petitioner at Rs. 4,050/- and the yearly assessment of Rs. 1,235/ -. The Sub-Divisional Officer by his order dated 16/17th August 1962 appears to have approved the report of the Nazul Maintenance Surveyor and directed the applicant (Petitioner) to pay the total amount of Rs. 5,285/- within a fortnight of his order, failing which the permission for diversion was to be revoked.

(3.) IT appears that the petitioner had also made an application to the Municipal Committee, Wardha, on 27-11-1962 for sanction to the layout and by letter dated 25th April 1962, the Municipal Committee, Wardha informed the petitioner that she should prepare a map according got the conditions and other information as suffested by t he memorandum dated 21-4-1962 of the Town Planning and Valuation Department, Nagpur and in that map she should show the proposed roads, drains and bridges and then file the same in the Committee for layout sanction.