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N. J. JAMADAR
Aluwid Architectural Private Ltd – Appellant
Versus
Housabai Jagannath Gavhane – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.
2. This Petition under Articles 226 and 227 of the Constitution of India assails the legality, propriety and correctness of an order dated 6th September, 2022, passed by the District Superintendent of Land Records, Pune on an application for condonation of delay in preferring an Appeal, purportedly under Section 247 of Maharashtra Land Revenue Code, 1966 ('the Code, 1966'), whereby the Superintendent of Land Records was persuaded to condone the delay of more than 50 years in preferring the Appeal.
3. Shorn of superfluities, the background facts can be stated in brief as under:-
b. Respondent No. 1 claims that Gat No. 369, 373 and 374 were originally numbered as Survey Nos.
The court affirmed that the authority to correct or vary a consolidation scheme under the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, must be exercised within a r....
Point of Law : If there was any technical violation of the rules of natural justice, that was not a ground for interference, as such interference would result in resurrection of an illegal, nay, void....
Delay in filing an appeal against consolidation orders must be satisfactorily explained; otherwise, the order is invalid due to lack of jurisdiction.
The court clarified that applications for correction of consolidation schemes must be filed within a reasonable time, typically three years, and that significant delays render such applications inval....
Variation of finalized consolidation scheme on error grounds barred after unreasonable delay; ordinarily three years from implementation, despite no statutory limit, as scheme attains finality with o....
The implementation of land consolidation schemes must strictly adhere to statutory provisions; failure renders any resultant claims invalid.
Jurisdiction under Section 42 of the East Punjab Holdings Act is limited to clerical corrections and cannot adjudicate title disputes, which are reserved for Civil Courts.
Minister has jurisdiction under Section 35 of the Act to entertain appeals, even after delays, when assessing legality of prior orders; remands for inquiries on land titles following consolidation mu....
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