PRADIP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In view of notice for final disposal issued earlier, the learned counsel for the parties have been heard by issuing Rule and making it returnable forthwith.

(2.) The petitioner claims to have purchased land bearing Survey No.9 located at Mouza-Lavada, Tahsil Chikhaldara, District Amravati, admeasuring 3 Hectares and 26 R pursuant to registered sale deed dtd. 13/5/1996. It is the case of the petitioner that his predecessor-in-title, Ramaji Yevale had sought prior permission from the Competent Authority for selling the said land which was accordingly granted on 31/3/1996. The petitioner thereafter on 2/2/2000 moved an application before the Sub-Divisional Officer, Dharni, seeking permission to change the status of the said land from occupancy Class-II to Class-I. Such permission was accordingly granted by the Competent Authority on 10/2/2000. Thus, according to the petitioner by virtue of the order dtd. 10/2/2000, the aforesaid land stood converted to occupancy Class-I. It is also the case of the petitioner that on 4/5/2000 the Sub-Divisional Officer, Dharni passed similar orders granting permission for converting other lands from occupancy Class-II to Class-I. However, in view of a subsequent order dtd. 14/8/2000 passed by the Sub-Divisional Officer the permission to convert the said lands came to be revoked. Being aggrieved, the land owners of the said lands initiated proceedings under the Maharashtra Land Revenue Code, 1966 (for short, the Code of 1966). The orders passed by the Divisional Commissioner on 11/2/2014 and 20. 02.2014 refusing to grant permission to convert the said lands came to be challenged under Sec. 257 of the Code of 1966 before the Honou rable Minister of State (Revenue). By the order dtd. 12/9/2014 the Honourable Minister of State allowed the appeal preferred by the land owners and set aside the orders dtd. 11/2/2014 and 20/2/2014 passed by the Divisional Commissioner. It was held therein that the initial order dtd. 4/5/2000 passed by the Sub-Divisional Officer, Dharni, was legally correct and hence the order thereafter passed by the Additional Collector on 29/12/2003 affirming the earlier order was also legal and valid. It was directed that the Collector, Amravati should undertake necessary action with regard to conversion of lands into Class-I by following the prevailing Rules and Regulations with respect to similarly situated lands. The aforesaid order was sought to be reviewed at the instance of the Divisional Commissioner, Amravati. However on 26/10/2016 the Honourable Minister of State (Revenue) dismissed the said review petition that was filed under Sec. 258 of the Code of 1966 and observed that the original order dtd. 12/9/2014 did not call for any review. The petitioner seeks to rely upon the aforesaid orders to support the prayer that conversion of the land to Class-I could not have been now denied by the Authorities.

(3.) The petitioner on 27/3/2017 filed proceedings before the Divisional Commissioner, Amravati, seeking implementation of the orders dtd. 12/9/2014 and 26/10/2016 insofar as land bearing Survey No.9 situated at Mouza Lavada, Tahsil Chikhaldara, District Amravati was concerned. On 17/6/2017 the Divisional Commissioner directed the Collector as well as the Sub-Divisional officer, Dharni to implement the order dtd. 26/10/2016 in its true letter and spirit by following the Rules that were prevailing as on date. Despite aforesaid direction, it is the grievance of the petitioner that the said orders have not been implemented. In the meanwhile, the provisions of Sec. 29 A of the Code of 1966 came to be inserted by virtue of Maharashtra Act No.XVII of 2016 that came into effect on 29/4/2016. As per the said provision, conversion of occupancy rights was permitted on payment of conversion premium and after following the prescribed procedure as well as subject to terms and conditions as prescribed. Based on the aforesaid provision, the Revenue and Forest Department on 8/3/2019 issued a Notification and introduced the Maharashtra Land Revenue (Conversion of Occupancy Class-II and Lease-hold Lands into Occupancy Class-I Lands) Rules, 2019 (for short, the Rules of 2019). Conversion premium payable was prescribed in the said Rules. On the basis of the Rules of 2019, an amount of premium of Rs.22,05,841.00came to be demanded from the petitioner and it is the case of the petitioner that the aforesaid amount has been deposited by him. Despite aforesaid since necessary steps for conversion of the lands in question into occupancy Class-I were not taken by the respondents, the present writ petition has been filed seeking a direction that the orders of conversion as initially passed and thereafter confirmed by the Honourable Minister of State (Revenue) dtd. 12/9/2014 be implemented. By amending the writ petition, the petitioner has sought a direction that the Notification dtd. 8/3/2019 was not applicable to the lands of the petitioner since the order of conversion was passed prior to it coming into force. As a consequence, the orders dtd. 13/12/2021, 26/5/2022 and 15/11/2022 have also been challenged. The petitioner also seeks refund of the amount of conversion premium paid by him alongwith interest.