JAGANNATH MAROTRAO GAVANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the wake of acceleration ameliorative economic measures relating to the equitable distribution of agricultural lands that exceed the ceiling limit, the original Act i.e., the Maharashtra Agricultural Lands (Ceiling on holdings) Act, 1961, has undergone several swift amendments in the year 1975. Under the amended provisions of Section 2-A, Tribunals have been constituted for the purpose of holding enquiry and further determining the surplus holding and for taking steps to possess and distribute lands. these Tribunals have been clothed with powers under Section 44-A formerly possessed by the Collector to proceed to take possession of the land as is provide for by Section 21 (2). The provisions of Section 21 (4) declare that such surplus land would stand vested in the State with effect from the date on which the possession of the land is taken and the scheme permits distribution of the surplus land under chapter VI of the enactment. Under the amended provisions the basic structure of the law has not been materially emphasis on speed in determination of the cause and necessity to distribute the land to those who are entitled the land to those who are entitled to the benefits thereof under the provisions of the law. It may be stated before reference is made to the grievance in these petitions that the structure of the law remains in the same procedural gamut without any radical departure, in that it postulates the need of filing returns, serving notices, holding enquiries into the statutory issued and making declarations. The matters are enjoined to be considered under Section 18 and are enumerated even under the present provisions and those include matters with regard to the total area of land held by the holder on 26th September, 1970, as well the transfers which should be ignored and other similar matters which are statutorily raised in the shape of questions to be answered by the authority. After the matters are considered Under Section 18 and if there be any dispute between tenant and landlord the question is adjudicated under Section 20, the Collector or the Tribunal is required to make a declaration under Section 21 (1) as to (a) the total area of land which a person or family units is entitled to hold as ceiling area; (b) as to the total area of land which is in excess of the ceiling area; (c) the name of the landlord to whom possession of the land is to be restored under Section 19 and the area and particulars of such land; (d) the area, description and full particulars of the land which is delimited as surplus ; and (e) the area and particulars of land out of surplus land, in respect of which the right, title and interest of the person or family unit holding it is to be forfeited to the State Government. In all those matters indicated by clauses (a) to (e) of sub-section (1) of Section 21, the collector has to make a declaration. Upon this basic declaration which is obligatory to be announced in the presence of the holder and other persons interested who are present at the time that declaration is made further statutory results are indicated. the basic requirements of the notice, the esquire and the declaration to be made have not been any way affected by any of the amendments. the scheme of Section 21 further shows that after the declaration is made under sub-section (1), steps regarding taking possession of the surplus land are required to be taken by the Collector or the Tribunal exercising its powers. Sub-section (4) indicates that upon taking this possession and from the date on which possession is taken, the land has to be deemed to have been acquired by the State Government for the purposes of the Act and it stands vested against the Declaration so made with regard to matters mentioned in clause (a) to (e) of sub-section (1) of Section 21, an appeal is provided expressly by Section 33 (1) (2).

(2.) Sub-section (3) of Section 21 around which must of the controversy in these present petitions has eventually centered in terms treats the declaration earlier rendered final subject to appeal under Section 33 (1) to Maharashtra Revenue Tribunal or revision provided for under Section 45 (2). A little later on that provision will be closely examined.

(3.) Turning to the petitions with this background of law, all these petitions raise an interesting and important question to be determined as to the effect of filing of the statutory appeal before the Maharashtra Revenue Tribunal against a declaration under sub-section (1) of Section 21 and the powers of that Tribunal with regard to matters of stay of further proceedings which are indicated by sub-section (2) of Section 21, I.e., possession, vesting and distribution of surplus land.