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MANISH PITALE
Western Coalfields Limited through its Area General Manager, Nagpur Area, Kasturba Nagar, Jaripatka, Nagpur – Appellant
Versus
Tahsildar, Kamptee, Office of Tahsildar, Kamptee, District Nagpur – Respondent
Key Points: - The judgment discusses interpretation of Section 155 of the Maharashtra Land Revenue Code, 1966 regarding correction of revenue records after acquisition and vesting in the acquiring body (!) (!) . - It holds that the Tahsildar (Revenue Officer) can correct clerical or noticed errors under Section 155, subject to notice to parties and disposal of objections, even after vesting, and such corrections are within jurisdiction (!) (!) . - The court found that the availability of an alternative remedy of appeal did not warrant dismissal of writ petitions, but ultimately dismissed the petitions on merits, upholding the Tahsildar’s corrections (!) (!) (!) . - It notes that vesting extinguishes landowners' rights except for compensation, but does not permanently divest the Revenue Officer of power under Section 155 to correct entries (!) (!) . - The Tahsildar’s corrections were based on spot inspections and materials, showing irrigation status and had regard to similarly situated lands where corrections were made and compensation paid (!) (!) (!) . - The court rejects negative equality as a basis to invalidate corrections where similarly situated land owners were treated consistently (!) (!) . - The proceedings under Section 155 are independent from pending quantum of compensation proceedings and may aid determine fair compensation (!) . - Final: writ petitions dismissed; rule discharged; interim order not continued (!) (!) .
JUDGMENT :
Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.
2. All these writ petitions raise a common point for consideration, which pertains to the true scope and interpretation of Section 155 of the Maharashtra Land Revenue Code, 1966. The said question is raised specifically in the backdrop of acquisition of lands in question and vesting of such lands in the acquiring body. The petitioner – Western Coalfields Limited (WCL), being the acquiring body, is contending that upon acquisition and vesting of the lands in question, the revenue authorities under Section 155 of the said Code cannot exercise jurisdiction to carry out any correction in the revenue record. The impugned orders passed by the Tahsildar have been directly challenged in these writ petitions, despite availability of alternative remedy of appeal, on the ground that the impugned orders have been passed without jurisdiction.
3. The brief facts leading to filing of the present writ petitions are that the petitioner – WCL acquired lands of the private respondents i.e. the land owners under the provisions of the Coal Bearing Area (Acquisition and Develop
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