Acquisition of lands for public by state is not included in the definition of "transfer" under section 8 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.

JUDGMENT - Mohta J. J.-This matter, seeking to challenge the order of the Maharashtra Revenue Tribunal under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (the 'Act' for short), was heard by the learned single Judge (Gadgil J.), who, after hearing parties, felt that the point involved deserves to be considered and decided by a Divisions Bench. This is how the matter has come before us. Point involved is whether lands acquired by the Government under the Land Acquisition Act in between the appointed day and the order of declaration of surplus land are includible in the holdings of a landholder while determining the Ceiling area.

2. Few relevant facts which deserve notice are: One Yeshwant Deshmukh the predecessor-in-title of the petitioners had extensive lands in Amravati and Nagpur Districts. Total acreage of his holdings was 231.22 acres, out of which, 5.14 acres was uncultivable and as such “no land”. Considering the number of family members, the ceiling limit was 160 acres. While enquiry in respect of a return submitted was being made, the field Survey No. 38/3 measuring 19 acres 34 gunthas of village Pimpalkhuta was voluntarily transferred by the landholder to the second respondent. Field Survey Nos. 1/1,4/2, 183 and 203 /1 of Mouza Morshi altogether measuring 18 acres 39 gunthas, were compulsorily acquired under the Land Acquisition Act, and after a contemplated enquiry, possession was taken after declaring an award in due course. In an order passed under section 21 of the Act, choice of retention was given to land-holder. It was exercised in such a manner that the aforesaid one transferred field and four acquired fields were excluded in the list of land to be retained. The Sub-Divisional Officer, however, passed an order effect of which was to exclude these five lands in the total 165.14 acres an area to which the landholder was entitled to retain. Appeal was carried to the Maharashtra Revenue Tribunal which came to be dismissed.

3. It was conceded before us that the order in respect of land voluntarily transferred was unassailable and cannot be reasonably questioned. However, serious debate about four acquired lands has been raised in the petition. Contention is that acquisition of land does not constitute “transfer” as contemplated under section 8 of the Act and is, therefore, not includible in determining the ceiling area. The respondents resist the contention on the ground that position of the area as on the appointed day namely 26th January, 1962 alone and nothing else has to be taken into consideration in determining the ceiling area. In order to judge the merits of the respective points of him, it will be necessary to have a short resume of the relevant provisions of the Act. Section 4 provides for prohibition on holding of lands more than ceiling limit which is to be determined under various provisions contained in Chapter II. Next following Chapter provides for restrictions on alienations and acquisitions of land and consequences of contraventions. This Chapter III opens with section 8 providing for restrictions on “transfer” the term explained below the section itself. Section 9 puts restrictions on acquisition of land in excess of ceiling limit. Section 10 deals with consequences of certain transfers and acquisitions. Chapter IV deals with declaration of surplus land. It opens with section 12 which deals with submission of the return in a prescribed form in certain cases. Section 14 deals with the power of Collector to hold enquiry. Section 18 deals with consideration of certain matters in the said enquiry list of which is given in clauses (a) to (1) and section 21 deals with the declaration of certain land and consequences thereof, inclusive of vesting of the surplus land in the State.

4. Section 8 at the material time read thus:

“Where any person, on or after the appointed day, holds land in excess of the ceiling area shall not on or after that date, transfer or partition any land until the

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