Bombay land revenue code with rules (Bombay Act V of ) with explanatory and soundofheaven.info (Mb) · GIPEpdf (Mb). will be of advantage to touch briefly upon the use of these words in the Bombay. Presidency previous to the passing of the Bombay Land Revenue Code, THE Bombay Land Revenue Code, Bom. Act No. V of [a]. [17th My (As Amended and modified upto 1st June 19S3) An Aot to consolidate and .
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Gujarat Land Revenue Code, [ Bom. V. SECTIONS. PAGE NO. Mamlatdar or Mahalkari may depute subordinates to perform. Acts and Rules; The Bombay Land revenue Code, · Bombay Tenancy and Agricultural Lands Act · Gujarat Agricultural Lands Celling Act, (I) This Act may be called the Bombay Land Revenue (Gujarat Amend- Sll~rt "ill' . This Bill seeks to amend the Bombay Land Revenue Code, , as in lorce.
Central Administrative Tribunal 1. In the third defendant executed a Hajinama in the folio wing term?. Intestate occupancy or holding to be sold. Chapter II of the Agrarian law provides for classification of State lands. Government for taking action under section 9 1. A revenue whose mon-
Not to purchase at public sale. Extent of liability. All public roads. Assessment of land revenue in cases of diluvion. Prohibition of use of land for certain purposes. Ditto in case of land taken up after completion of settlement.
Not to trade. Excess of assessment may be. Prohibited acts- Concession of Government rights to trees in case of settlements completed before the passing of this Act. Liability of all alluvial lands to land revenue. All land liable to pay revenue unless specially exempted. A revenue whose mon- How surety may withdraw liability. Government trees and forests.
Lands ma be assigned for and when special purposes. Regulation of supply of firefor domestic exactions or presents. Liability of heirs officer. Recovery of value of trees.
Forefeited holdings may be taken possession of and otherwise disposed.
Permission may be granted Amount of rent payable by on terms. Reservation of right of Gov Annual tenancy on the 31st March. Saving of operation of section 74 in certain cases. Penalty for failure to grant receipts. Occupant's ditional. Tenant Penalties for unauthorized occupation of land. Presumption as to tenure. Collector may assist such persons in recovering the revenue from other parties liable therefor.
Relinquishment of land described in paragraph 1 of section Register of alienated lands. Occupancy to be transferable and heritable. Fine to be levied for such use in addition to special assess- Repealed Procedure if to apply his land to occupant wishes any other Rates for the use of water. Penalty for so using without permission.
Land revenue to be a paramount charge on the land. Relinquishment of land described in section Right of way to relinquished land.
To prevent forfeiture of occupancy. Temporary right to alluvial lands of small extent. Saving clause. Intestate occupancy or holding to be sold. Governor in Council empowered to suspend operation of section 60 or Grant of alluvial land vest When compulsory process shall cease. But application must be made Within the revenue year or within the year of tenancy. Commissioner may. Form of such commission. Introduction of settlements. Officer in charge of a survey to fix assessments.
Civil suit not to be barred. Regard to be had ta proviso to section But holder of commission may eitabligb his right to enhanced wit in Civil Court. Revenue survey may be introduced by Governor in Council into any part of Presidency.
Conditions Applicable to revi-. But may be fixed. Tower under commission extend to to duced. Control of revenue survey. Assistance may be refused or granted to a limited extent only. Reference must be made by holder of commission to the Collector in certain cases.
Excess assessment not to be levied in the year in which a settlement is introsurvey Order granting suspensions or to remissions inferior holders. Crop-share fixed by custom or agreement. Assistance to be given by and others in the holders Bach order not to be questioned in any Court.
Meaning of assessment. The Collector how to proceed on such application being Survey numbers not to be of than a certain extent. Holder of commission not to enforce any unusual or excessive year. Survey officer may require. Consequences such order. Penalty for continuing compulsory process. Bind excluded. The fixing of assessment under section limited to ordinary demand. Recovery of superior holders' dues. The assessment so made may be on land. Register of mutations and register of disputed cases.
Responsibility for the mainte- I fes ffipfeioB Of boundary marks Penalty for injuring Survey of lands in such sites how to be conducted. Construction and repair of bonndary-marks of survey numbers and vilages Requisition on landholders to erect or repair boundary marks general notification to be good and sufficient notice of CHAPTER X-A. Assessment of lands hither. Collector to nance of boundary-marks have charge of bonndary-marks after intro- to Government that may be temporarily nnder Government management.
Sanad to be granted without extra charge. Settlement of boundary disputs by arbition When award may be remitted for re-consideration If arbitration fail. Division of survey towns and fixed.
Determination of villageboundaries boundaries may be Village settled by agreement Procedure in case of disagree- Right to exemption to be determined by the Collector.
In certain cases a surveyfee to be charged. Bombay Act V of not Division of survey numbers into sub-divisions. Preparation of statistical and fiscal rdoords Occupancy price payable. Acquisition of rights to be reported. Existing exemption when to be continued in case of certain lands in towns and cities in which Bombay Act IV of has been in operation. Maintenance of existing tlements of land revenue.
Limits of the Collector on application by co-sharers. Liabilities incurred by default Certified account to be evidence as to arrears Collectors may realize each other's demands Refusal of assistance under section Removal of crop which has been sold. Obligation to famish information. Temporary attachment and Lands of such village vert free of incumbrances Powers of manager.
Penalty for neglect to afford information G. Presumption of correctness of entries in record of rights managemens of a Crop when to be released. Requisition of assistance in preparation of maps.
Appeal Precautionary measures to be relinquished on security being furnished Government to determine the dates. Land revenue may venue year the revenue of the land be levied at any time during the re- Exemption from distraint and sale Arrest and detention of defaulter Imprisonment in Civil Jail Defaulters not to be detained in custody longer than debtors may be detained by the Civil Court Power of arrest by whom to be exersised Power to attach defaulter's village Certified copies.
Certified copy of record to be annexed to plaint or application. Summary inquiries how to in- be conducted. Restoration of village so attached Disposal of surplus receipts Village. Mode of serving notices. Application of surplus profits Application of proceeds of sale. Govnot redeemed Notice not void for error Procedure for procuring attendence of witnesses. Power to Service in district other than that of issuer.
Translation to be on record Writing and explanation of decisions. Taking evidence given in English. Surplus not to be paid to under creditors. Expenses of culated Sale of perishable articles When sale may be stayed Sales of moveable property when liable to confirmation Mode of payment for moveable property when sale is admitted The recovery of free grants as arrears of revenue in case of misuse CHAPTER Mode of taking evidence in informal inquiries.
Notification of sales What moneys leviable under the property disposed of how of to be provisions this Sale by whom Time when to be sale made Postponement of Liability of purchaser for loss by re-sale Notification before re-sale Application to set aside sale Order confirming or setting aside sale Refund of deposit or purchase-money when sale set aside On confirmation of sale purchaser to be put in possession Certificate of purchase Bar of suit against certified Formal and quiries to be purchasers.
Power of revenue officer to enter upon any lands or premises for purposes of measurement. Power to suspend execution of order of subordinate officers Holders of land in alienated villages Power of the Governor in Council and of certain revenue officers to call for and examine records and proceedings of subordinate officers And to pass orders thereupon The governor in Council to determine the language of a district.
Rules as to decisions or orders expressly Proviso. Copy of order to petition of appeal. Ordinary inquiries how to ba conducted translations. Powers of appellate autho- Provision etc. Copies and Notice to parties for appeal falls or a aoliday. Penalty for breach of rules Rules Act VI of Act all inclusive Panch Mahals to which the Gujerat tricts of Ahmedabad. Rules 7 to 10 inclusive. Act No. Khoti and Talukdari villages. Kolaba Broach or Talukdars' Act.
The rales and orders under sections and do not apply cl. All sub-titles. Act 8 [a] Sec. Act IV of Act district V of of do not apply to any village in the district of Ratnagiri or to the as. Mahals [b] see and the last 15 words Act Vfl of V of Code. Act were renumbered consecutively. Repealed by Bom. Act IV of 19J3. In this: Interpretation clause. Save as otherwise provided by Chapter XA.
Act VI of s. The Parvi of Nal 5. Act The IV clauses in section 3 of the of The sanad at the city survey on his ex parts application. IV of First Schedule. Sind G. The proceeds of all fees levied under this Act for permission to remove sand or to quarry are to be credited to the Local Fund constituted by the Bombay Local Boards Act.
Serial No. This Code Wassawa of Ohikhli. Akalkot tricts in extension The provisions of and Jath States B. Mehwasi Chiefs: The Parvi of Kathi Walvi of Gaohalli. Part II. There is nothing in this Code which entitles a person. A of State. Act repealed IV of The District Inspector of Land Records his power to order measurement on the application of parties and to levy feas for it.
Watandar village officers are not Revenue officers watan lapses. Secretary 20 Bom Act III of are omitted. But when a watan is commutted. This section is subject to modification Revenue Officers. The District Inspector of Land Records is a revenue officer and can issue summonses for evidence or documents. VI of ss. Forest officer is not a revenue officer and does not become one merely by being placed under a revenue officer for purposes of control Narayan v.
Vide Gujerat Note. If a for the purpose of 0. Bom Act Act extends Talukdars' Collector of Kai a. Act IV of s. In Sind 'Ohavdi' includes a Tapedar's Dera. Act IV of 1V Mere 1 user by rice lands tenants of adjoining waste land with the leave and permission of Inamdar does not make them holders of warkas lands Nanabhai v.
Act VI of "Superior holder. Note A village accountant receiving assessment from a cultivator An inamdar is is accountable to Government for the same but [a] cannot be said to be a superior This definition was substituted for the original definitions of "holder" or "landholder" and "holding" by [b] Bom Act IV of Jagirdar s "We have had under consideration the case of Inam- and other holders from Government of alienated lands who have themselves made grants of portions of their lands for the maintenance of cadets and other similar purposes.
A knot a superior holder not accountable to Government village holder accountable to Governreceiving assessment from a dharekari is a superior ment for the same. Inamdar deemed to be the superior holder of land so granted by him and the grantee shall. These grants are made subject to resumption in certain and if they are made free of contingencies. Inamdar or other such holder of alienated land whose entered as such in the land records. Darbar Shri Surajmalji.
Before a person can claim the benefit of a. Local Boards Act Bom. Ad IV of The expression wider including the expression landlord.
Vol I. The term "occupancy" is subject to modification when ap plied to any estate in the districts of Ahmedabad. The terms superior holder. Where it appeared that defendants were liable to pay the assessment and local fond to the plaintiff. Every tenant is an inferior holder. Gordhandas Mohanlal. In addition to this fact he derives his right to hold from the man whom he pays or from his predecessor. IV of a. Act IV [I] These definitions were substituted for clauses These definitions were added by Bom.
T Commissioner rn and for the purposes of this Act the territories comprised in the Province of Sind shall be deemed to form a division and the Commissioner in Sind shall be deemed to be the Commissioner of that division . There shall be one or more Commissioners as the Governor in Council. Divisional Commissioner one in charge of the English branch and of the Vernacular branch of the office.
Assistants so appointed shall perform such duties as the they are Commissioners. Poona Satara Bholapur. These divisions comprise the districts as under N. Districts in Sind are: Upper Sind shall be appointed by the Governor in Council. Thana The 4 Sukkur. The Southern 0. Each division. Dharwar Kanara Kolaba Batnagiri. Personal Assistants.
All such Assistant and Deputy Collector! To be subordinate to and all osher officers employed in the land reCollector. The Governor in Council may appoint to each district so y. Satara and Thana are each given a personal Assistant G. The Mahals 0. The Collectors of Poona. Their duties Subject to the general orders of Government. The Superintendent is of Mahablesh war. Division are as H The number lows: Mandangad [Vide Sathe's L. The Collector hears below grade of Superintendent of Survey under 37 2.
He may transfer s. Powers tive Of Collector. To such Assistant or Deputy Collector as it may not be possishall. The most important of these cases is in respect can section 21 he of the staff of Circle Inspectors. The language of a section in an enactment.
While the Laud Revenue Oode gives all execu who signs sanads for most alienaThe Collector fixes irrigation rates 55 within the maximum Officers appeals from s Survey sanctioned by Government. The Collector can write off amounts of irrecoverable revenue of all kinds not reference to higher authority.
While ment the Collector cannot sanction the employment of permanent: Government land to other Departments and make all assignments under 38 of Act IV of Provided that the Collector may. The words "or any other law at G-.
The powers conferred upon the Collector under the Bom. Rustomali Shah. In Sind the Collector temporarily succeeded is called a Mukhtyarkar.
An officer whose Assistant Notes. The chief officer entrusted with the local revenue ad This order does not refer to Deputy the 10th April Collectors appointed before the issue of the Government order of The Collector will delegate by name the power to write venne upto Rs. But the Collector may always reberve any power he thinks fit. There should be no "unnecessary" reservation. Comm'sfeioner of the division in which his.
Words repealed by Act XVI. The power of arrest is to be exercised only when The Assistant or Deputy has certain powers specially delegated. The last power was extended to the Collector by G. In particular. Government have dir ected that powers under Rules 81 and 82 should not ordinarily be delegated.
If the Collector is disabled for. Q and irrecoverable value of stores or public money ap to a limit of Rg. Generally speaking all powers of the Collector under the Land Revenue Code or any other law are also exercised under 3. But these delegations must be made "under the general or special orders of Government" and also they must be made in all cases by name and not merely in virtue of the office held. Here print the powers below detailed. Mamlatdar should The code provides to that exercise such powers as the Collector may delegate him.
Collector under the general or special orders of Govern- Delegation of powers to Mamlatdar. Survey Mamlatdars are appointed by the Commissioner of Survey R. Act of are omitted. The Collector can also appoint a Mahalkari and assign certain powers to him without specifying the local limits of his mahal R.
XA Bights. Act him. In such a case he will be practically a Deputy Mamlatdar within the taluka. In issuing his delegation order reserve any power he thinks fit. In delegating to a Mahalkari. Qr kaves hifi taluka Or ma k alj or dieSj such subordinate as may be designated by orders to be issued from time to time on this behalf by the Collector shall succeed temporarily to the said Mamlatdar's or Mahalkari's office and shall be held to be the Mamlatdar or Mahalkari under this Act until the Mamlatdar or Mahalkari resumes charge of his taluka or naahal.
Anderson's L. The powers of a Mamlatdar's First or Aval Karkun are regulated by sec. Assistant or DepLty Collector in charge of the talukas was declared to be the immediate superior of the Mahalkari G. He has A power to try Assistance sec. Land Revenue Code. Irrigation Act. Superior Of Mahalkari. Head Kirkune. Act VI of Vide G. An Aval Karkun can exercise in the absence of the Mamlatdar any powers speciremit the fees fically Rules If a Mamlatdar or Mahalkari is disabled from performing He can also levy maximum of Bs.
Act IV oi The powers of a Collector under section cannot be delegated to Mm. Government or the and inquests. M officers be appear necessary. Head Karkun taking temporary charge of offloe of Mamlat- Dodapa. Village Subject to the general orders of Government and of the Commissioner. A Karkun taking temporary charge of the office during the absence of the Mamlatdar on casual leave ia nob a revenue officer ordinarily exercising the powers of a Mamlatdar.
It shall be the and to prepare public wrifcin S 8 ' duty of the Village Accountant to prepare. See also 36 Bom. Substitute designated under this seotion not competent to exercise powers Of Mamlatdar.
He is an officer exercising on an extraordinary occasion some such powers under this section Ningapa v. A substitute designated under this sec. Act II of Words repealed by Bom.. II sioner of Survey. Any officer appointed shall exercise the Acting appointments. It shall be lawful for the Governor in Council to appoint one and the same person. Subject to rules [a] made under section pointment of all members of the apestablish- Establishmcnts.
The appointment of all officers mentioned in sections 4 to 13 and 18 and 19 shall be duly notified. GL G-. Survey Mamlatdar for each 12 of Government Selection No. The officers mentioned bolow shall hive and u?
Agricultural Depart- Northern Division the when apand 2 and pointed that the seals shall be circular and material: Central and Southsrn Divisions 13 Assistants in charge. Commissioners of Divisions. The Governor in Council shall from time to time by notification prescribe what revenue officers shall use a seal.
Dharwar and Poona. Head Quarters ment.
Saals of brass. Second Karkun to Poona Treasurer. Karkuns other than any of the foregoing employed in Huzur Mamlatdars' or Mahalknri's offices on shroffs work.. All other Treasurers. Kolaba and. Ill Metal seals. Treasurer at Poona. The revenue officers hereinbelow mentioned shall previously to entering upon their office furnish security.
Mahalkari with Treasury. Treasury Nagdi Karkuns to Mamlatdars and Mihalkaris. Act III of are. Words Bom. Batnagiri All other First Karkuns to Treasurers Treasurer at Kanara. Kolaba and Ratnagiri. First Karkun to Mahalkari with treasury The amount for which such security shall be furnished may be varied.
Mahalkari without treasury. Karkuns to Mamlatdars. Special Head Karkuns for payment of Military pensions. The present practice of. City Maintenance Surveyors officers specified in Nos. Karkuns or Clerks who write the registers of Revenue Courts. For this purpose heads of offices shall carefully scrutinize the security and 2 satisfy themselves as to its sufficiency both when it is first offered and also once a officer year after it has been accepted.
Head-quarter Assistants in Survey Offices.. After the issue of Resolution No. Duties of heads oj offices in respect of securities.. Retired Government servants and servants of local bodies should not be 2. Heads of offices in which 1 any officer required to furnish security is serving will be held responsible for seeing that the necessary security is duly furnished.
When any person is Security to be furnished be for e entering on appointment.. Number of sureties. Care must be taken that no one person is accepted as surety on behalf of officers officers. Where he executes a bond. Officers issuing warrant. Code Rules. Mamlatdars aud Mahalkaris are entitled issue warrants under 25 and The Collector or the Superintendent of Survey may.
Revenue officers Officers. Ill Order 13 for scrutiny by the Commissioner daring his tour. Fresh or security. For the purposes ss. Vide sec. The Demands Collector or the Superintendent of Survey or any other officer deputed by the Collector or for money.
This register shall contain such particulars ai the Commissioner may to time direct. The surety liable in Surety to be tne same manner as or sureties of such officer or other person as is aforesaid.
The Collector of his own or motion. It shall be the. A CODE. Any surety. The heirs of a of Liability ot heirs deceased officer.
IV If an officer or other person as aforesaid. Prohibited acts. V" ff not SontS undue exactions or pror 5J demand or receive under the colour or by the exercise of his authority as such revenue officer. Talatis detected to be engaged as money-lenders in their villages should at one-o ba dUmis33d Gr. But there is no objection their holding of lands to or accountants lands by stipendiary village absolutely that every revenue section Ihis a sale. Stipendiary village accountants not to hold land other Clauses 1 and 2 of this accountants and permission should not be strictly in the case of stipendiary village sales.
Or knowiogJ. Provided that,. There is no objection to the power being so delegated in any district in which the Collector thinks it expedient to adopt this course G. This last. If the resolution in question has been construed anywhere as empowering Mamlatdars to fine Patils for neglect of their Police duties, the practice is incorrect and.
All fines inflicted under this chapter may be recovered the officer's pay or, if recovered. And no appeal shall lie against any order for not exceeding one rupee. Modification Of Order. Commissioner when the subordinate involved gets Rs. All public roads, lanes and paths, the bridges, ditches, dikes and fences, on, or beside, the saine, the bed of the sea and of harbours and creek8 bel high-water mark, and of rivers,.
Any suit instituted in any Civil Court after the exof one year from the date of any order passed [c] under piration sub-section 1 or sub-section 2 , or, if one or more appeals have been made against such order within the period of limitation, then from the date of any order passed by the final appellate authority, [b] 3.
This was originally s. XI of s. These sub-sections were added by Bom. Act XI of s. Act II of , second Schedule are omitted. District Municipal Act, , streets vest in municipalities; i e. The property in the beds of navigable rivers as in the seashore and the bottom of the sea is reckoned amongst the jura regalia of the crown G.
No, , dated. Waste lands belong to the state and a permanent private right cannot be implied from the levy of a rate on a casual and desultory use of the soil G. The plaintiff appealed against the Collector's order, the last. The plaintiff sued, on April 6, Held, Art. Secretary of State, 22 Bom. Where the Khots of a village claimed a right to adjoining occupy and cultivate land left dry in the river bed, as far as the middle of the bed this section.
Wasudeo, 31 Bom. Secretary of State, 36 Bom. Collector's power. The Collector acts ultra vires if. He cannot claim the proprietorship of each lands as he is liable to pay rent or assessment to the Government for these landfl.
This is now provided for in the new sub-sec. In the new sub-section 3 the provisions oi s. This section gives the Collector the power of setting apart lands for public purposes ;. Act VI of , ss, 1 and 33 , [a] [b].
Words repealed by Act III of are omitted. Act Thia word was substituted by Bom. Secretary of State, P. Municipalities can permit lands assigned as air spaces to be used for temporary purposes with the approval of the Collector or the local revenue officer in charge of the city survey. Half the proceeds derived from such uee should be paid to Government G.
The Collector's decision in any case of dispute as to the said right of grazing shall be conclusive. In villages, or portions of villages, of which the original survey settlement has been completed before Concession of Governthe passing of this Act, the right of Governee 8 ment to all trees in unalienated land except 8 In the case of villages or portions of villages of which the original survey settlement shall be completed Ditto, in case of settle.
Act IV of , s. Government, either expressly at or about the time o such settlement, or generally by notification made and published at any time previous to the completion of the survey settlement of the district in which such is situate. Trees belong always to the landlord, not to the tenant.
But a permanent tenant, the origin of whose tenancy is lost into antiquity, is entitled to the trees.
For tenant's rights to the produce of trees, see 80 All. Considerable time after the settlements, sandal- wood trees grew on the land. Those trees. Held, reversing the convictions and sentences, that under this section the right of Government was confined to reserved trees existing at the date of tho settlement and that all subsequent growth belongs to the v.
Bombay forest rights are discussed in G. Proceedings of the Legislative Council. The provisions in ss. The provisions refer to two classes reserved, and not reserved, and declare that occupants have no manner the trees reserved by Government.
All road-side trees which have been planted and reared by, or under the orders of, or at the exRoad-side trees.
Government, and all trees which have pense been planted and reared at the expense of Local Funds by the side of any road, which vests in Government, vest in Government [a].
But in the event of such trees dying, or being blown down, or being cut down by order of the Collector, the timber shall become the property of the holder of the land in which they were growing ; and the usufruct, including the loppings of such trees, shall also vest in the said holder: The decision of the Collector as to the value of any such tree, or portion thereof, or other natural product, shall be conclusive.
Strict proof must be given of any right set up in derogation of tha inherent right of the sovereign to assess the land at his discretion. No In any case of dispute as to the mode or time of exercising any such privileges the decision of the Collector or of such other officer shall be conclusive. AB to the local repeal of this section. The offence of unauthorized cutting of trees no bar to such a prosecution G. All land. The ruling of Koya Mavji Or.
The Colkctor of Bombay. Non-agricultural land whether the Sarkari or occupied Kharabo. Sath's Land Revenue Code. J of previous diluvion for which assessment was reduced affect the title of present riparian holders G.
This section and the following section treat of alluvion and diluvion formed Ihmedabad. Band blown by the wind or a mass of shingle suddenly flung up after a storm. In the case of alluvion there is a limit in the case of unalienated Land Revenue Rules. The existence of a public foot-path along the old estate boundary or anything else which puts a limit to the riparian owner's proporty would prevent the deposit of fresh soil from being an accretion. Alluvion must. Fide Bom. The fact that a riparian holder or even.
Land Revenue Oode except in the case-law or judge-made law based upon the common law and natural equity. This section is subject to modification when applied to any estate in the districts of Kaira. The persons to whom an alluvial had been granted were evicted in favour of the riparian hissedars strip of frontage of Nor does the fact that it forms in situ G. Alluvion and Diluvion. This condition of gradual change does not attach to diluvion.
In the case of an alienated riparian holding. Again G. IV land of one acre to his right of free enjoyomt and no limit of his right of occupation of alluvion subject to the payment of revenue. This section does not confer but simply refers us to the general hw. New such villages Ibid. It might apply to Kadi in or Phut Inam lands in legal decision.
A the case may be.
Every holder. Conversely this seems to imply no title to exemption from revenue whoa the extension is not alluvial. Bombay Act At the I of Plain tiff converted his land from agricultural to He was called upon non-agricultural uses by establishing a brick kiln in Agricultural and non-agriOUltural Use ing the residence of a cultivator or his etc.
Talukdari villages. Non-applioation Villages nor to apply in Khoti or held under settlement. Rules in khoti. Oane crushing and Gul boiliDg are essantial to cane cultivation and are not non-agricultural uses Anderson's A Land owned by or transferred Extra assessment. There are some market for pleasure is not agriculture.
Farm barns buildings mean- tenants. This section provides only for an altered assessment and not an additional assessment. But a Co-operative dairy is non-agricultural. Letting a few ing. Bhai v. Bessment from inferior tax hitherto payable by an inferior holder shall be made leviable be lawful it shall f rom the superior holder. An occupant is not liable to performance of an operation necessary to put the crop of that land into any ordinry marketable form 5 for anything beyond it.
The Secretary of State for India. Whenever any such may as. Altered assessment pay altered assessment for when leviable. In 1 the Collector levied building fine from the plaintiff.
Superibr holder recover commuted holder. IV a substantial building on the land. In the case of Oo-operative Housing Societies. The tenures in Gujarat are called veta. Veta and Ohali tenures. Act VJ 6. On all: It was also stated therein that the said allottee could not sell or transfer the said land However, he sought to transfer the said land by executing the agreements to sell in favour of two persons viz.
Maganbhai Lavjibhai and Dahyabhai Lavjibhai. As transpiring from the In 56 Bom LR After setting out the other provision of the and Revenue Code the learned Judge concluded that: It reads A Maintenance Surveyor The order passed by and on behalf of the State Government respondent No. Those forms were processed by The respondents have sought to traverse the claim of the petitioners on the Section of the Bombay Land Revenue Code.
All that has been considered in Navinkant's case supra is the scheme of the rules relating to the record of rights and the scope of Rules Thus, this authority does not lend any support to the argument of Mr. Shah that the Dy. Collector could not take action suo motu under Section of the Bombay Land Revenue For filing revision under Section of the Bombay Land Revenue Code , no period of limitation is prescribed. The phrase 'proper management' conveys every thing dot commonsense should dictate, having regard to the realities of life.
In this fashion can any one frustrate the objects of the Bombay Relevant provisions are found in Chapter 10A of the Code. It is not necessary to refer to the entire Bombay Tenancy and Agricultural Lands Act. That question cannot be decided by revenue authorities in RTS proceedings. In such Patel Raghav Natha supra in a case under the provisions of the Bombay Land Revenue Code , and in the facts of that case, the power came to be exercised more than one year Patel Raghav Natha.
The constitutional validity of the aforesaid In that case, an application was filed by the land -owner under Section 65 of the Bombay Land Revenue The said proceedings of Fragmentation Case No.
It was held that the subsequent notification dated 4th April under section 73a of the code would not be applicable to the lands in respect of which survey settlement While taking note of the fact that the statute did not prescribe any The Supreme Court held that reading sections and 65 of the Bombay Land Revenue Code , together, the Commissioner must exercise revisional Government for taking action under section 9 1.
On these findings, the Appellate Authority in exercise of the powers conferred under section of the Maharashtra Land Revenue Code Sections 63 and of the Bombay Land Revenue Code , Apex Court was dealing with scope of Section C of the Bombay Tenancy and Agricultural Lands Act, , to decide as to when a Mamlatdar can exercise suo motu power under State of Gujarat vs.
Santoshkumar Shivgonda Patil vs. Balasaheb Tukaram Shevale, this Court while dealing with the power of revision under Section of the Maharashtra Land Section of the Maharashtra Land Revenue Code subject, of course, to the exceptional circumstances in a given case, but surely exercise of revisional power after a lapse of 17 years Bombay Land Revenue Code , , which did not secure the rights of tenants who were in inferior position.
Even working of the Bombay Tenancy Act, , as amended in Sections 65 and of the Bombay Land Revenue Code , held that though there is no period of limitation prescribed under Section to revise an order made under Section It seems to be fairly settled that if a statute does not Revenue Officer to take possession of the assigned land , after evicting the person in possession and restore the assigned land to the original assignee or his legal heir, if the transfer was made for the The petitioner having died, pending the writ petition, petitioner Nos.
The Bombay Tenancy Act 29 of was applied on April 11, He also relied upon the decision of this C Therefore, on reconciling of both the aspects, it appears that in a case where the transfer of a land is made by registered sale deed and if the revenue The permission was granted. The Muni The case of the petitioner: Sub-section 1 of It seems to us that when the title of Rule of the Gujarat Land Revenue Rules, popularly known as RTS proceedings and examined the question whether the lands were granted actually by way of inam under the Bombay The Municipal Committee, however, objected to such Act" by the Government of Maharashtra be set aside.
It was observed: The question arises whether the Parekh Shipping Corporation v. Assistant Collector of Cus. T Bom. The undisputed facts in the present case are that the petitioner was granted an Advance Import Licence to import Acrylic fibre with an obligation to export On revision of the N. A permission by and on behalf of the State Government by the impugned order at Annexure B to the first and the second petitions, Entry No. N Divecha, J.: The subject-matter in all these three petitions is one parcel of land bearing Survey No.
Commissioner to revise an order made under Section 65 of the Bombay Land Revenue Code , in respect of the conversion of the agricultural land and had observed in par Section Under Section 65 of the Code if the Collector does not inform the applicant of his decision on the application within a period of three months the permission applied for shall Land Revenue Code , for converting agricultural land to non-agricultural use. The Municipal Committee, however, objected to such permission and the By the said order, the High Court confirmed the order passed by the State of Maharashtra on in purported exercise of revisional That section which was introduced in the Code with retrospective effe Act and the holder shall be deemed to be an occupant within the meaning of the Code in respect of such land and shall primarily be liable to pay land revenue to the State Government in accordance with That section which was introduced in the Code with retrospective effect by gujarat act 35 of provides that where any occupancy, by virtue of any The land bearing Survey No.
AIR SC In a matter under the Bombay Commissioner exercising his power of revision under Section of the Code set aside an order of permission granted by the Collector for use of certain land for Petitions filed by the Predecessors of original Plaintiffs has extensively considered the provisions of the Agrarian law and observed that the said law is in pari materia with Bombay Land Revenue Code , Chapter II of the Agrarian law provides for classification of State lands.
Application No. The Collector granted the permission, and issued a sannad. The Municipal Committee o Commissioner of Hindu Religious and Charitable Endowments under Section 29 of the Act for leasing the forest land in question to the petitioner. The petitioner made an application to the Commissioner on for sanction to lease acres of forest land belonging to the Embor Bhavathy Devaswom.
The application was forwarded by the Commissioner to the managing trustee with a memo Sub-section 1 of Section B reads as under: Code for brevity read with The said amount will Besides the title over the Government that the land belongs to it. The claim in that regard is made only by the Central Government.
Considering the provisions of section 37 of the Land Revenue Code , and the This declaration was questioned by the writ petitions SCC This was a case under the Bombay Land Revenue Code , The subject matter of challenge was the power of Provident Fund Commissioner was appointed for the whole of Bombay till recently who could exercise powers under section B.
Only recently, the Government has reviewed the While considering the question of certification of mutation entry, validity of auction sale could not have been Land Revenue Code for recovery of all bank dues, except for Section and of the Code. At the time of auction, no objection with respect to status of the With the actual decision in the case, we are not concerned in the present appeal Natha, the Collector granted permission to the respondent to use agricultural land for non-agricultural purposes.
In a revision under Sec. It may be mentioned here that Sec. In the State of Madhya Prades Patel Raghav Natha, in which it was held by the Supreme Court that the giving of reasons is necessary. An application under Sec. Patel Raghav Natha supra. These observations of the Apex Court clearly demonstrate that in the case before the Apex Court, the Apex Court, in view of scheme of sections and 65 of the Bombay Land Revenue Chandrabhan Yamaji Nandanwar v.
Director of Health Services, M. S, Bombay , 1 Mh. J The counsel for the The said Rules were made under Section of t At that rate, the Company paid a total land revenue of Rs 5, It was submitted that the subject land does not fall within the ambit of Government lands as well as the provisions of the Land Revenue Code , Rules and prevailing orders in that regard.
In the aforesaid circumstances, the subject lands being governed by Section 2 5 of the Bombay Land Revenue The petitioners had given a public notice for inviting allotment of the houses for economically weaker sections in daily newspaper Further it may please be ordered that petitioners are entitled for exemption under 20 of the said Act for the agricultural purposes for land bearing Revenue Survey no. Provided that where on any land which is entered in the revenue or land Barin to Bombay and Calcutta ports.
Respondent No. Ramaswamy, J. Under Section 4, all Girasdari lands are liable to payment of land revenue. The Saurashtra Barkhali Abolition Act Even if the provisions of Bombay Land Revenue Code , are considered, the perio The learned Senior Counsel for th The learned Single Judge dismi The father of the writ applicants herein was declared as a tenant by the Mamlatdar and A.
Bombay Government Gazette dated 9th August, issued by the State Government, the schedule appended to the order dated 1st February, passed under section 7 of the Bombay Land Revenue This court by an order dated 25th November, allowed the court receiver to sell the land kvm On October 20, , the petitioner applied to the Collector for permission to convert his land to non-agricultural use, under s.
That petitio That order was quashed by the High Court and the matter was taken to the Supreme Court. The Supreme Court took note of the fact that s. Section of the Bombay Land Revenue Code , , invests the State Government and any revenue officer not inferior in rank to an Assistant or Deputy Collector or a Superintendent of Survey, the power In this connection our attention was drawn to the three sister statutes, namely, 1 The Bombay Port Trust Act, , 2 The Thereafter, in the subsequent jamabandi, i.
Shukla, one of the petitioners, pointing out that the land in question was sold and that despite the resolution made by the In that case, the Court was concerned with revisional powers of the Commissioner under Section of the Bombay Land Revenue Code , The provision is contained in the Bombay Land Revenue Code enacted in the year Bombay Land Revenue Code.
The Supreme Court has not laid down any general principle of universal applicability regarding the time-limit within which the revisional jurisdiction can be AIR SC , in support of his submission. In the meanwhile, the Government issued G. Ms No. III Department, dated Factual Matrix: That an extent of square feet of land in possession of the fourth petitioner in Writ Petition No.
It gains unusual significance when viewed in light of the fact that the Supreme Court He also The grant having been made und The question that falls to be decided in this reference is whether the revisional jurisdiction which is conferred by s.
Bombay Land Revenue Code to the Mehwassi Estates the petitioner became an occupant of the agricultural lands in his estate and the persons who were cultivating the lands under him became his tenants In exercise of the powers conferred by s.
Bombay Land Revenue Act, , held thus: The question arises whether the Commissioner can revise an order made under Section 65 at any time. It is true that there is no Section of the Maharashtra Land Revenue Code is plainly an abuse of process in the facts and circumstances of the case assuming that the order of Tehsildar passed on March 30, is Section 7 c under which the Board of Revenue is vested with revisional powers.
The distinction according to him, is this. If the Legislature Intended to confer the same revisional Settlements and the revisional powers conferred upon the Board of Revenue merely for the reason that the powers conferred upon the Director of Settlements are not specified in a separate clause in At this stage, it is to be noted that the learned counsel for the petitioner has filed the The provision is contained in the Bombay Land Revenue Code enacted in the year LR That decision pertains to the revisional powers of the Government under.
Order which, is being revised. On the basis Of the aforesaid observation made by the Supreme Court it is submitted that under S.
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