Point of Law: Civil Law - Land - Sanction of Collector under Section 36A for transfer - Permission/sanction letter - Tribal lands to Non-tribals lands - It is true that Rule 4 of said Rules provides that Collector may, subject to provision of Rule 3, give sanction for sale of land where it is being sold for any non-agricultural purpose.

JUDGMENT :

(PER S.J. KATHAWALLA, J.) :

1. By the above Writ Petition, the Petitioner interalia seeks the following relief :

“(b) That by an appropriate writ, order or direction, this Hon’ble Court be pleased to quash and set aside the letter dated 05.11.2020 issued by the Respondent No.2 Collector, Thane thereby refusing to grant prior approval u/s. 36A of the Maharashtra Land Revenue Code, 1966 as well as the letter dated 22.09.2020 bearing reference No. Tribal- 2720/264/pra.kr.91/J-4 issued by the Respondent No.1 herein to the Respondent No.2 thereby intimating that prior approval u/s. 36A of the Maharashtra Land Revenue Code, 1966 cannot be granted to the Petitioner and further be pleased to direct the Respondent Nos.1 and 2 to grant its prior approval u/s. 36A of the Maharashtra Land Revenue Code, 1966 for disposing of his land bearing Survey No.47/1/A/1, totally admeasuring 1 Hectare 40.2 Ares situate at Mouje Valshind, Taluka Bhiwandi, District Thane.”

2. By consent of the Parties, the above Petition is taken up for final hearing at the stage of admission.

3. The brief facts in the matter are set out hereunder :

3.1. According to the Petitioner, he and his other family members are tribals and owners of land bearing Survey No.47/1/A/1, totally admeasuring 1 Hectare 40.2 Ares situate at Mouje Valshind, Taluka Bhiwandi, District Thane (‘the said Land’).

3.2. Since the Petitioner and his family members were in need of money, they were looking out for a purchaser who was desirous of purchasing the said Land.

3.3. Respondent No.6 - Vijendra Shamlal Sharma agreed to purchase the said Land of the Petitioner.

3.4. There is an embargo on the sale of land belonging to tribals, i.e. if a tribal wants to sell his land to a non-tribal, he is required to obtain permission (as specified in Sections 36 and 36A of the Maharashtra Land revenue Code, 1966) from the Collector and/or the State Government.

3.5. On 13th June, 2014, the Petitioner made an Application to the Respondent No.2 - Collector, Thane for obtaining the necessary sanction.

3.6. After the said Application dated 13th June, 2014 was made by the Petitioner, the Respondent No.2 - Collector, forwarded the same to the concerned Tahsildar to carry out an enquiry and submit a report. The Tahsildar, Thane forwarded his Report to the Respondent No.2 - Collector on 25th October, 2016. The Deputy Collector, Thane also forwarded his Report dated 15th December, 2016 to the Respondent No.2 - Collector.

3.7. According to the Petitioner, inspite of receipt of the Reports as aforestated, the Respondent No.2 did not proceed further and kept the Application of the Petitioner, pending. On several occasions, the Petitioner and the representative of Respondent No.6 had visited the Office of the Respondent No.2 - Collector. However, no steps whatsoever were taken by the Respondent No.2 - Collector to expedite the decision on the Application of the Petitioner, and instead all along only evasive replies were given by the Office of the Respondent No.2 - Collector.

3.8. In the above circumstance, on 17th January, 2019, Respondent No.6- proposed purchaser, made an Application to the Respondent No.2 - Collector, pointing out that the land bearing Survey No.47/1/A/1, as regards which permission for sale was sought by the Petitioner, are shown under reservation by Respondent No.5 - Mumbai Metropolitan Regional Development Authority (‘MMRDA’). The Respondent No.6 informed the Respondent No.2 - Collector, that since the said Land is under reservation, the Respondent No.6 is ready and willing to purchase the same on ‘as is where is’ basis and that in future, the Respondent No.6 - proposed purchaser, would make use of the said Land as may be permitted by the Respondent No.5.

3.9. Respondent No.2 - Collector thereafter forwarded his Report to Respondent No.4 - Divisional Commissioner, Konkan Division, Navi Mumbai on 12th February, 2019. In the said recommendation, Respondent No.2 - Collector specifically mentioned that the