LAWS(BOM)-1996-7-106

BAPU GOVIND MALKAR Vs. STATE OF MAHARASHTRA

Decided On July 25, 1996
Bapu Govind Malkar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) SINCE both these Writ Petitions involve a common question of law, namely, whether the provisions of Maharashtra Private Forest (Acquisition Act, 1975, for (for short, 'Private Forest Act') are applicable to the lands in question, the same are disposed of by this common judgment. For the sake of convenience, the Petitioners and Respondents in Writ Petition No.2304 of 1987 are hereinafter referred as 'Petitioners' and 'Respondents' respectively. Briefly stated, the relevant facts are as under:-

(2.) IT is not is dispute that as on 1st April, 1957, that is, the Tiller's Day, the Petitioners were tenants in respect of the said lands cultivating the same in their own rights and that the lands were governed by the provisions of the Tenancy Act. It is also not in dispute that the said Bhat was the original owner in respect of the said lands. The names of the Petitioners as tenants in respect of the said lands appeared in the Record of Rights till the year 1961. Pursuant to the application dated 5th May, 1961 made by the original owner, the said Bhat, to the Talathi, the names of the petitioners were deleted from the Record of Rights and the name of the said Bhat was entered as Kabjedar and person in cultivation thereof. In the proceedings taken under Section 32G of the Tenancy Act, the Additional Tehsildar and ANT, Sawantwadi had fixed the purchase price in respect of the said lands as per the order passed on 4th March, 1985 which was paid by the Petitioners to the said Bhat in his capacity as the landlord. A Certificate under Section 32M of the Tenancy Act was issued in favour of the petitioners. As per the provisions of the Tenancy Act, the Certificate issued under Section 32M thereof is the conclusive evidence of the purchase of the lands in question by the tenants thereof. Needless to say that the land revenue in respect of the said lands for the period from 1st April, 1957 had been paid by the petitioners. Since the said lands had already vested in the Petitioners by reason of the provisions of the Tenancy Act much prior to the coming into force of the Private Forest Act, the consideration of the said lands in the total holding of the said Bhat for the purpose of acquisition thereof under Section 3 of the Private Forest Act was contrary to law.

(3.) MERELY because by reasons of Mutation Entry No.1443 effected by the Talathi on 10th May, 1961 deleting the names of the Petitioners from the Record of Rights and entering the name of the said Bhat as Kabjedar and person in cultivation of the said lands, it cannot be said that the petitioners who had acquired right in respect of the said lands on the Tiller's day were divested of such right by reason of the said Mutation Entry. Though, no authority is required in support of this view, Mr.Rege, learned Counsel appearing for the petitioner, has put reliance on the judgment of the Supreme Court in the case of Amrut B.Kale & others Vs. Kashinath J. Trade & Anr. reported in AIR 1983 SC 643 wherein the Supreme Court has laid down that on the Tiller's day, the landlord's interest in the land got extinguished and simultaneously by a statutory sale without anything more by the parties, the extinguished title of the landlord got kindled or created in the tenant. The Supreme Court has further held-