PRAYAGBAI ANNASAHEB KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants filed return under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, as amended upto 1975, (for short, hereinafter referred to as "the Ceiling Act"). According to the appellants, they possess six agricultural lands i.e. Survey Nos. 163, 149, 147, 17, 5 and 164 at village Mangrool, Taluka Pathri, District Parbhani comprising of 161 acres 6 Gunthas. During enquiry conducted by the Surplus Land Determination Tribunal (for short, "SLDT"), under the old Ceiling Act, out of total area of 65 acres 9 gunthas from Survey Nos. 5, 164 and 163 was already declared as surplus. After deduction of 65 acres and 9 gunthas, the holding of the appellants was of 95 acres 37 gunthas. Out of the said lands an area of 9 acres 39 gunthas was acquired for Jayakwadi project. 2 acres of land from land Survey No. 5 was acquired for Road and an area of 17 gunthas was Pot Kharaba. Four acres of land vested in Nala. The appellants, therefore, submit that holding of the land holder comes to 79 acres 21 gunthas and after deducting the share to the extent of 26 acres 20 gunthas of adopted son Sundar the holding would come to 53 acres and one guntha which is less than the ceiling limit of 54 acres and accordingly the appellants furnished their return not being surplus land holders.

(2.) The Surplus Land Determination Tribunal, Taluka Pathri by an order dated 11-10-1979 accepted the exclusion of 65 acres and 9 gunthas declared as surplus under the old Ceiling Act, excluded 16 acres 16 gunthas acquired land for Jayakwadi Project, road, Nala and also accepted exclusion of 26 acres 20 gunthas as share of the major adopted son. The SLDT reached conclusion that the appellants were not surplus land holders.

(3.) The Additional Commissioner, Au-rangabad Division, Aurangabad, in exercise of his suo moto powers conferred under section 45(2) of the Ceiling Act, called for record by an order dated 9-8-1982. The Additional Commissioner decided the matter finally by an order dated 31st March 1986. The Additional Commissioner confirmed the order of the SLDT except to the extent of 26 acres and 20 gunthas which was shown to be the share of adopted major son. Accordingly under the orders of the Additional Commissioner the appellants were surplus land holders to the extent of 25 acres 21 gunthas and accordingly directions were issued to delimit the land of 25 acres 21 gunthas after allowing the land holders to exercise their right of choice.