SHAKUNTALA RAJE PANDITJI Vs. MAHARASHTRA REVENUE TRIBUNAL NAGPUR

JUDGEMENT

(1.) PETITIONER Smt. Shakuntala Raje filed a return under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, hereinafter referred to as the Ceiling Act, in respect of the land held by her. According to her, she held 163. 92 acres of land. An enquiry was started in this behalf by the Special Deputy Collector, Land Reforms, Bhandara. In the return filed by the petitioner under Section 12 of the Ceiling Act she had included Khasra Nos. 432, 434, 438, 439 and 426 of Mouza Nerla, district Bhandara. According to the petitioner, these lands were acquired by her by virtue of transfer deed dated 7-11-1949 executed by the ex-proprietor. The said transfer deed is duly registered and the petitioner is also in possession of the lands since the date of the transfer.

(2.) HOWEVER, the Special Deputy Collector held that these lands had vested in the Government after coming into force of the M. P. Abolition of Proprietary Rights (Estates,l Mahals, Alienated Lands) Act, 1950, hereinafter referred to as the Act. Therefore, they cannot be included in the return filed by the petitioner, because it cannot be said that she is lawfully in actual possession of the land as an owner or as a tenant. The learned Special Deputy Collector further held that a compensation for this vested land was fixed by the then Compensation Officer, Bhandara, under the provisions of the Act and an instalment of Rs. 1000/- was also paid to the landlord as compensation and the remaining amount is kept in revenue deposit. He further directed that since the landlady is in possession of these lands unlawfully and unauthorisedly the competant authority may take suitable action to vacate unlawful possession of the landlady. Before the Special Deputy Collector the agent appeared on behalf of the landlady and he contended that the petitioner had no objection to delete the lands at Kaolewada as the same were not only recorded in the name of the Government, but were not actually in her possession. He also conceded to delete the area comprised in Khasra Nos. 367 and 359/1 from village Nerala. However, the landlady contended before the Special Deputy Collector that the remaining area from village Nerala out of Khasra Nos. 432, 434, 438 and 439 and 426 should not be deleted from her holdings, although it is recorded, in the name of the Government, as, according to her, it was wrongly recorded as vested in the name of the Government. It was also contended on her behalf before the Special Deputy Collector that these Khasra numbers are actually in her possession and were transferred by the ex-proprietor in her favour before the date of vesting, by the registered permanent lease-deeds dated 7-11-1949 executed by the ex-proprietor. It was also contended before the Special Deputy Collector that any entries made in the records under the provisions of the Act regarding these lands were not binding upon her as she was not a party to any proceedings under the said Act. The said entries were made behind her back, and therefore, were not binding upon her.

(3.) IT seems from the record that the Special Deputy Collector made a reference to the Commissioner, Nagpur Division, Nagpur, and the Commissioner vide his letter dated 12-11-1968 intimated to hum that the total holdings of the landlady have to be calculated in terms of Section 12 with reference to Sections 8, 10 and 18 of the Ceiling Act. He further directed that the Special Deputy Collector should decide the matter with reference to the provisions of Section 2 (14) of the Ceiling Act as to whether the landlady holds land in the light of the definition. Ultimately the Special Deputy Collector came to the conclusion that the landlady has shown the land as owned and possessed by her which is vested in the Government under the Act. Ultimately, therefore, the Special Deputy Collector held that the landlady is holding only 91-11 acres of dry crop land, which is less than 105 acres of local ceiling area, and therefore, he ordered the proceedings to be filed.