RAJESAHEB KARBHARI KUPKAR Vs. STATE

JUDGEMENT

(1.) THE only question, which arises in these two identical petitions, under Article 227 of the Constitution of India, is whether the Surplus Land Determination Tribunal and the Maharashtra Revenue Tribunal erred in law including in the holding of the petitioners the lands which were acquired in each of these cases under the provisions of the Land Acquisition Act.

(2.) THE facts in Special Civil Application No. 2817 of 1976 were briefly as follows: The petitioner filed a return on November 26, 1975, under Section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. A public notice was given under Section 17(1). Individual notices were also issued. Under Section 17(2) no objection was received. Thereafter an enquiry was made before the Surplus Land Determination Tribunal, Kaij. There was no dispute that the petitioner's land, approximately 47 acres, was being acquired for Manjara Irrigation Project.

(3.) THE petitioner filed an appeal against the said decision before the Maharashtra Revenue Tribunal, which, on April 13, 1976, confirmed the decision of the Surplus Land Determination Tribunal. The Revenue Tribunal concurred with the view of the Surplus Land Determination Tribunal that the land of a holder even if subsequently acquired must be considered as held by the holder on October 2, 1975, the 'commencement date' as defined in the Ceiling Act.