SHANKARLAL SHRIRAM LOHIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, by this Public Interest Litigation (P.I.L.), has sought for the direction to the respondent No.1, the State of Maharashtra, to issue 7/12 extracts of agricultural lands in adherence with Scheme of Section 148 of the Maharashtra Land Revenue Code (for short M.L.R.C.), by incorporating word 'owner' instead of 'occupant - Class - I' and/ or to issue necessary directions for correction of revenue record to that effect.

(2.) The petitioner claims to be the owner, in possession of agricultural land, being Gat No.2/4, situated at village Nalani, Taluka Bhokardan, District Jalna. Before the year 2010, 7/12 extracts of agricultural lands were issued in printed form and manually filled in. The 7/12 extract issued before 2010 contained information regarding identification of agricultural lands, owner thereof, cultivator, nature of crop and other rights. Now-a-days, record of rights of agricultural lands is preserved in Computer. Computer prints thereof are issued. Of late, the 7/12 extracts contain word 'occupant' instead of 'owner'. There is inconsistency in maintaining record of rights of agricultural lands in State of Maharashtra. The 7/12 extracts issued in some parts of Maharashtra contain the column 'owner' while in other parts, it is 'occupant'. The petitioner, therefore, made several representations to the Director of Land Records, the Collector, Jalna and other authorities to do away with the anomaly. Since no heed was paid to the representations preferred by the petitioner, the present P.I.L. came to be filed.

(3.) Heard. Mr. B.R. Warma, learned counsel for the petitioner made his submissions consistent with the pleadings in the P.I.L. The learned counsel took us through the relevant provisions of the M.L.R.C. and the Rules made thereunder, to submit that the 7/12 extracts issued now-a-days do not contain the column 'owner'. The practice of issuing 7/12 extracts disclosing name of the occupant of the land is inconsistent with the mandate of Section 148 of M.L.R.C. In all other allied Laws, such as Bombay Tenancy and Agricultural Lands Act, Ceiling Act, the records maintained under these Acts disclose the names of the owners of the lands. There is quite a distinction between the term 'owner' and 'occupant'. The term 'occupant' infers the person even other than the 'owner'. When a particular person is the owner of the land, his name should appear as such in the 7/12 extract, showing his name as 'occupant'. The 7/12 extracts containing term 'occupant' causes great inconvenience for raising loan from financial institutions. According to learned counsel, it is, therefore, necessary that necessary corrections/ change is made in the form of the 7/12 extract with a view to disclose in what capacity the occupant holds the land such as, whether by way of ownership, lessee, mortgagee etc.