Court : Mumbai
Reported in : AIR1978Bom64; (1978)80BOMLR27
..... of the high court, under the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955, which came into force on august 1, 1955 and which did not apply to the patilki watan lands in the present case as the patilki watan was abolished by the maharashtra revenue patels (abolition of office) act, 1962.10. the learned civil judge observed in para ..... oct. 31, 1956, after the coming into force of the hindu succession act on 17th june, 1956, mr. pratap rightly contended that the suit lands continued to be impartible having regard to the provisions in section 5 of that act, which lays down :--'this act shall not apply to (i) xxx (ii) any estate which descends ..... the watan was abolished all the lands became rayatawa lands. he referred to the following passage in the judgment of the lower court in para. 12 of the judgment :'it appears that according to law then prevailing in the kolhapur state a person who did not hold any mohini was not entitled ..... on the decision of the division bench, to which i was a party in kalgonda babgonda v. balgonda kal-gonda, (1976) 78 bom lr 720.12. it was a case of sanadi inam lands, wherein it was laid down that having regard to clause 7 of vat hukum no. 76 of 1873, ..... . 1 to 3 further contended that defendant no. 1 had become the absolute owner thereof as he had paid the occupancy price of rs. 484-12 p. after the watans were abolished; and the lands were regranted in favour of defendant no. 1 alone. it was also contended that the present .....Tag this Judgment!
Court : Mumbai
Reported in : 2004(4)ALLMR446; 2004(4)MhLj682
..... for revenue, government of maharashtra (respondent no. 2), in revision no. rts-2789/1/cr-39/l/6. the lands in question are survey nos. 62 and 66 respectively situated at village ashagad, taluka dahanu, district thane. the said lands being inam lands were governed by the bombay merged territories and area (jagir abolition) act. 1953, as well as the bombay merged territories miscellaneous alienations abolition act, 1955. the revenue record mentions ..... the former relief is concerned, the same is referable to the intimation sent by the parties within the meaning of section 149 of the maharashtra land revenue code, 1966 (hereinafter referred to as 'the said code'), which requires that any person acquiring any right, such as, occupant, lessee or otherwise, shall report orally or in writing about his acquisition of such ..... which is required to be recorded as soon as the person acquires the right in respect of the property and occupies the same. this obligation flows from the mandate of section 149 of the said code. the above stated view is reinforced by the later part of rule 12 of the 1971 rules, which provides that if such permission is not ..... effected only in the revenue record (7/12 extract). the concerned revenue record is maintained in terms of provisions of rules of 1971 framed under the provisions of the said code. chapter b thereof provides for maintenance of record of rights and register of mutation in areas other than those surveyed under section 160 of the said code. in the .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(6)MhLj515
..... 154 of village nandgaon belonged to the petitioners and it is their ancestral property and the same should be restored to them in accordance with the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955. again on 25th july, 1996 a letter was sent to the collector-respondent no. 2 herein by the revenue and forest department directing him to take further ..... merged territories miscellaneous vatan abolition act, 1955. under these facts and circumstances of the case, the learned counsel for the petitioners prays that the matter be remanded back to the hon'ble minister for revenue being respondent no. 1 herein to pass an appropriate order afresh after considering all the aforesaid facts and circumstances of the case especially, the provisions of the section 20(2) of the maharashtra ..... behalf of the petitioners strongly contended that the hon'ble revenue minister has totally not considered the provisions of section 20(2) of the maharashtra land revenue code, which reads as under:20(2) whether any property or any right in or over any property is claimed by or on behalf of the government or by any person ..... report. the concerned tahsildar at maval submitted the report on 6th october, 1995 and requested that the matter should be inquired in accordance with the provisions of section 20(2) of the maharashtra land revenue code, 1966. the petitioners, thereafter made an application through its power of attorney holder to the revenue minister on 19th july, 1995. in .....Tag this Judgment!
Court : Mumbai
Reported in : 2003(3)ALLMR958
..... i.e. hujursanadi inam governed by the provisions of the bombaymerged territories miscellaneous alienations abolitionact, 1955. the petitioners was inducted in the said landas tenant and, as he was lawfully cultivating the suitland in that capacity on the tillers day i.e. 1stapril, 1957, proceedings under section 32g of the bombaytenancy and agricultural lands act, 1948 were initiated.in that proceedings, the petitioner unambiguously statedthat he ..... ) by pointing out that theprovisions of the maharashtra revenue patel (abolition ofoffice) act, 1962 are materially different from theabolition act of 1955 with which we are presentlyconcerned. the tribunal was, therefore, right infollowing the direct decision of this court which dealswith the provisions of the abolition act, 1955.accordingly, the tribunal cannot be faulted with theview that the previous proceedings under section 32g and32p were validly maintained and continued even ..... of law. the tribunal hasheld that having regard to the provisions of the bombaytenancy and agricultural lands act, 1948 read with theprovisions of the bombay merged territories miscellaneousalienation abolition act, 1959, neither the authoritiesnor the parties were precluded from maintaining orcontinuing the proceedings under section 32g or section32p of the act before the date of regrant. for takingthis view the tribunal has placed reliance on a directdecisions of .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(4)ALLMR656; 2006(5)BomCR65; 2006(5)MhLj299
..... that it does not confer any retrospective right on the landholder to claim any arrears of rent prior to the order of re-grant passed in favour of the landholder under section 7 of the abolition act. there was an automatic resumption of the right of the landholder in a watan land on 3rd june, 1955 (appointed ..... as much as the scheme of section 8 of the abolition act does not indicate that there will be a fresh tenancy created on re-grant of the land to the inamdar or the land holder. in the case of smt. khatun and anr. v. balakrishna keshav deshpande : air1992sc2197 , by referring to the scheme of section 28 of the bombay merged territories miscellaneous alienations abolition act, 1945, the supreme court stated ..... , the tenant can never know that his tenancy has commenced from the date of the re-grant as laid down under the proviso to section 8 of the inam abolition act. by following this judgment it was necessary for the maharashtra revenue tribunal to hold, in fact, in favour of the tenant and in any case if regards be had to the date of ..... of the tenancy act and a notice dated 27/3/1980 was issued for hearing on 11/4/1980. these proceedings were adjourned from time to time but on 16/8/1980 the tenant's statement was recorded and 7 x 12 extracts issued to him were taken on record. the talathi's report dated 4/10/1980 was also received by .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1981Bom439
..... right of the government in such property. reliance is placed on the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955 and the scheme of conferring rights in restricted tenures. the learned government pleader points out that upon regrant of occupancy rights under section 7 of the bombay merged territories miscellaneous alienations abolition act, 1955 ..... section 7 (3) of bombay act no. xxii of 1955). relying on these provisions. mr. kotwal drew my attention to the manual of land acquisition for the state of maharashtra dealing with the right ..... by section 7 (3) of bombay act no. xxii of 1955. ..... to obligations imposed upon abolition of jagirs before a ..... of the land acquisition act, what has to be ..... for it is only the acts of transfer or partition which ..... the government has retained any right in property. the restrictions in ..... of section 7 (3) of bombay act no. xxii of 1955 arc hardly ..... by section 7 (3) of the bombay act no. xxii of 1955 is ..... awards under section 11 of the land acquisition act. while ..... rights. in terms of statutory injunction available in section 23(1) firstly of the land acquisition act ..... rights of government, which directs and acquisition officer as the agent of the government to protect the rights ..... right in giving a contrary direction.5. now, as far as the rights to compensation are concerned, these are statutory rights and section 23 of the land acquisition act ..... rights of government in the land acquired. it follows from these paragraphs that the rights .....Tag this Judgment!
Court : Mumbai
Reported in : 1982(1)BomCR619
..... . defendant no. 1 further pleads that it was recovered back through court proceedings and being an inam land was regranted to him by the collector under the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955. defendant no. 1 produced order of re-grant at exh. 258. the claim of defendant no. 1 that the land was lost to the family and was recovered by ..... members of the junior branches towards the maintenance amount in respect of the saranjam rights as determined by the former rules of miraj state. the government of bombay enacted the bombay merged territories and areas (jagirs abolition) act, 1953 and the act came into effect on august 1, 1954. by provisions of this act, the saranjams were abolished and the lands were resumed by the government and re ..... the present suit. it is not possible to accept the submission or shri paranjpe that the courts in state of maharashtra are not entitled to pass a decree for partition in respect of the land situated outside the state. section 17 of the code of civil procedure inter alia provides that where a suit is to obtain relief to immovable property ..... of defendant no. 1. the district judge observed in paragraph 12 of the judgment that both the sides never touched any particular contention about any particular property and, therefore, a partition in all the properties mentioned in schedule a to the plaint is required to be granted. shri paranjpe is right in his submission that the district judge has failed to .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1982Bom225; 1982MhLJ639
..... also placed by mr. rane upon a judgment delivered by one of us (masodkar. j.) in state of maharashtra v. govindrao narayanrao ghorpade. : air1981bom439 . the land acquired was inam land covered by the bombay merged territories miscellaneous alienation's abolition act, 1955, under sec. 7 (3) of that act land was not transferable or particle without the previous sanction of the collector and except on payment of such amount ..... of this court (hereinafter referred to as 'the later division bench') was concerned with land covered by the maharashtra revenue patels (abolition of office) act, 1962. the relevant section of the enactment is substantially similar to the provisions of sec. 4 of the said abolition act read with the said resolution with which we are here concerned. the land was agricultural land but had ..... 10. mr. rane on the other hand contended that the reasoning of the special land acquisition officer in the award was wrong and that the learned joint judge was right in not making any deduction and awarding the full market value to the respondent. he placed reliance upon a judgment of division bench of this court (now referred ..... to compensate the restrictions with regard to transferability. ........ in terms of statutory injunction available in sec. 23 (1) firstly of the land acquisition act, the claimant is entitled to get the market value of the entire acquired land and nothing less than that.12. the judgment of the supreme court in seshagiri rao.s case air 1968 sc 1048 cited .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2005)141PLR656
..... , the land, subject-matter of acquisition in the said case, was originally a jagir land. the said jagir alongwith other miscellaneous inams and watans was abolished under the bombay merged territories miscellaneous alienations abolition act, 1955. the scheme of the act was to abolish all alienations or watans. section 7 of the act provided that the land under a watan stood resumed and that it shall be granted to the holder of the ..... facts and circumstances of each case.13. mr. bindal, learned counsel for the income tax department, on the basis of two judgments, one of the full bench of bombay high court in state of maharashtra v. shrimant govindrao narayanrao ghorpade, : air1985bom336 of hon'ble supreme court in m.b. gopala krishna v. special deputy collector, land acquisition 1996(2) r.r.r ..... town and so is the finding also recorded by learned reference court. upto the entire depth of khasra no. 8335, which is subject-matter of acquisition, on the left and right hand side, in khasra nos. 8337, 8338, 8147, 8149 and 8335, there is complete construction either by way of civil courts or residential houses. in so far as khasra no ..... 25% appears to be justified. worked on that basis, the rear portion, i.e. the portion beyond 2722-1/2 sq. yards would be assessed @ rs. 495/- per sq. yard.12. this court has pondered over the percentage of cut required to be made and, in the facts and circumstances of the present case, it appears to this court that the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1985Bom336; 1985(2)BomCR94; (1985)87BOMLR101
..... for public purpose viz. burial ground. this land was originally a jagir land. the said jagir along with other miscellaneous inams and watans were abolished under the bombay merged territories miscellaneous alienations abolition act, 1955 (hereinafter referred to as the '1955-act'). the scheme of the act is to abolish all alienations or watans. section 7 provides that the land under a watan stands resumed and that it shall be granted to the holder ..... (reported in : 1983(2)bomcr487 ), by dharmadhikari and shard manohar jj.somewhat different view has been taken in first appeal no. 749 of 1973 in the case of state of maharashtra v. j.r. dadabhai tata decided on sept. 15, 1981, by jahagirdar and mody jj. in this matter the court determined the market value of the land at rs. 4 ..... being compulsorily acquired and that the amount of compensation has to be determined after ignoring that term.1) first appeal no. 502 of 1969, shrimant govindrao narayanrao v. state of maharashtra decided on sept. 2, 1976, by kantawal c.j. and sawant j. 2) first appeal no. 279 of 1973 state v. govindrao narayanrao decided on mar. 26, 1981 by ..... of shri abhyankar that the requirement of payment of certain amount for relaxation of condition would be a mere obligation not constituting any restriction or clog on the property.12. shri page is right when he contends that the determination of compensation of the land to which certain restrictions are attached will have to be made after bearing in mind the principle .....Tag this Judgment!