બોમ્બે લેન્ડ રેવન્યુ કોડની કલમ 73-AA સંબંધિત અગત્યનાં ચુકાદાઓ જજમેન્ટ Latest Judgments pertains to Section 73-AA of Bombay Land Revenue Code

મુંબઈ જમીન મહેસૂલ અધિનિયમ ની કલમ 73-કક સંબંધિત અગત્યનાં અદ્યતન ચુકાદાઓ

1. Patel Dolabhai Panabhai v. State of Gujarat

Bombay Land Revenue Code, 1879 S. 73-AA and Constitution of India, Art. 226 – Breach – Eleven years have passed after the order of the Joint Secretary (Appeal) – petitioner aware – right of the original owner have come into effect after the passing of the order by the Deputy Collector – held, that petitioner were not bereft of legal assistance, therefore, illiteracy, by itself, cannot be considered to be a reasonable explanation for the delay. [PARA-9, 15, 16]

Further held that, entry mutated in the revenue record regarding breach of the provision of S. 73AA – no action taken by petitioner till 4 years – finding of the revenue authority held to be legal and proper – petition rejected. [PARA-17]

2. Dhansukhbhai Lallubhai Bhavsar v. State of Gujarat and Ors.

Bombay Land Revenue Code. 1879 – S. 73AA, 73AA(4), 73AA(7), 211 – prior permission of the Collector was not obtained for selling the land to a non-tribal person by a tribal person – held, the petitioner had accepted the order of the Principal Secretary (Appeals) till filing of the petitions – the order challenged only after the order implemented by the Deputy Collector directing vesting of land in question – petitioner heard and submission recorded by Secretary (Appeals), therefore the petitioner was aware about passing of order – having failed to appear before the Deputy Collector in spite of issuance of notices, it does not lie in the mouth of the petitioners to now say that the order has been passed against dead persons – petitioner not choose to challenge the order after 10 years – no explanation served by petitioner regarding the delay – held the order of the revenue authority legal and proper – petitionsrejected. [PARA-18, 20, 21]

3. Shamjibhai Keshavjibhai Kansagra (Patel) and Ors. v. Principal Secretary, Revenue Dept. (Appeals) and Ors. AIR 2011 GUJARAT 55

Succession Act (39 of 1925), S. 63 – Transfer of Property Act (4 of 1882), S. 5 – Bombay Land Revenue Code (5 of 1879), S. 73AA – Bombay Tenancy and Agricultural Lands Act (67 of 1948), S. 63 – Execution of will – Will cannot be executed in contravention of law – occupancy rights of tribal cannot be transferred by any tribal to any other tribal or nontribal in view of restriction under S. 73AA of Bombay Land Revenue Code – Similarly tenant-owner of agricultural land cannot wish nor can show his intention to transfer his right on agricultural land to a non-agriculturist by executing a will in contravention of S. 63 of Bombay Tenancy Act. [PARA-20, 21, 22, 24]

4.  Patel Punjabhai Jethabhai v. State of Gujarat 2006 (1) GLR 199

Thus it is clear that the said provision applies to contravention of sub-section (1) of 73AA any time on or after the date of commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980. Hence, to the coming into force of the Amendment Act of 1980 cannot be said to be a contravention falling within the ambit of sub-section (1) of section 73AA. In the facts exchange has been effected in 1976 that is much before the coming into force of the Amendment Act of 1980. Hence, the same cannot in any manner said to be in contravention ofsub-section (1) of Section 73AA of the Code

જમીન મહેસૂલ અધિનિયમ-1879 ની કલમ-73 AA હેઠળ જમીન વેચાણ ની અરજી ઓનલાઇન કરવા માટે અહી કલીક કરો

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