The ceiling limit on agricultural land holdings under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, is determined with reference to the number of members in the family as on the appointed day (26th January 1962), and subsequent births or deaths do not affect the determination of the ceiling area.

JUDGMENT - 1. The petitioner is the State of Maharashtra in this petition under Article 227 of the Constitution. The State challenges an order of the second respon dent, the Maharashtra Revenue Tribunal in proceedings arising under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.

2. On 26-7-1962 the first respondent Dinkarrao furnished a return in respect ol the land held by his family under Section 12 of the Ceiling Act. The return was in prescribed form I under Rule 4(1)(a) of the Rules framed under the Ceiling Act. In this return he showed himself, his wife, two daughters, Vinabai and Rewati Rama, and two sons, Prakash and Umashankar. In all six persons comprised as members of his family. A daughter was born to the first respondent on 21 -1-1964. In calculating the ceiling area available to this family out of the total area of 115 acres 16 gunthas situated at two villages Wariid and Tem-burkheda, the Sub-Divisional Officer determined the average ceiling limit to be 92 acres 22 gunthas. He allowed that much for the family of 5 members and added to it 1/6th on account of the sixth member in the family and declared 8 acres as surplus.

3. Against this order the first respondent preferred an appeal before the Maha-rashtra Revenue Tribunal. A Full Bench of the Tribunal took the view that if during the enquiry, which Collector holds, a member is bom in the family, a landholder is entitled to additional area on account of birth of such a member even if it takes place after appointed day. On this basis the appeal preferred by the respondent No. 1 was allowed and it was held that respondent No. 1 did not hold any surplus land. This decision is challenged in this Court on behalf of the State.

4. In support of the petition it is urged that the number of meinbers in the family to be taken into account for the purpose of determining the ceiling area, which a family can hold under Section 6 of the Ceiling Act, the size and members of the family as existing on appointed day, that is, 26th January 1962, alone has to be taken into account. It was not permissible for the Sub-divisional Officer to take cognizance of the fact of birth of another daughter subsequently and thus to acid to the membership of the family for determining the total area which could be kept by the family. The State relies on a decision of this Court in Special Civil Appln. No. 767 of 1968, D/-18-4-1968 at Bombay. Apart from the position that I am bound by the decision, I do not think the view taken by the Tribunal is sustainable.

5. Section 3 of the Ceiling Act makes a provision for imposing a maximum limit of ceiling on the holding of Agricultural Lands in the manner thereafter provided. The section speaks of "on the commencement of this Act" the duty to impose limit of the maximum extent or ceiling upto which land may be held. This reference to the commencement of the Act, which, it is admitted, synchronises" with the appointed day, namely, 26th January 1962, indicates in no uncertain terms the date with respect to which the ceiling limit or maximum limit of the land which can be held is to be found. The duty to file a return under Section 12 is cast among other persons on a person, who (a) has at any time after the 4th day of August 1959 but before the appointed day, that is, before 26th January 1962, held land causing his holding to exceed the ceiling area; and (b) any person who on or after the appointed day acquires, holds or comes into possession of any land in excess of the ceiling area to file a return in the first case within 6 months from the appointed day and in the second case within 3 months from the date of taking possession of any land in excess of the ceiling area. Thus so far as the requirement of Sub-clause (b) of Sub-section (1) of Section 12 is concerned, the duty imposed to file a return will always be enforceable so long as the Act remains in force. A perusal of the form prescribed for making such a return shows that the return make

Click Here to Read the rest of this document