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B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
Navin Popatlal Shah – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Somasekhar Sundaresan, J.)
1. Rule. By consent of parties, rule is made returnable forthwith, and the Writ Petition is taken up for final hearing and disposal.
2. Whether the State Government has any right to impose a minimum price condition under Section 36A of the Maharashtra Land Revenue Code, 1966 ("MLRC") when approving acquisition of land by a non-tribal from a tribal, is the prime question we have been presented with, when adjudicating this Writ Petition. We hold in the affirmative.
3. As an alternative, we have been petitioned to declare that the State Government must have regard to the value of the land as of the date of the application under Section 36A and not at the time of the approval. The law on this issue is well settled-the value must bear reference to the time of a valid application complete in all respects. However, in the facts of this case, the value of the land in 2012 has been rendered irrelevant because the Petitioners' proposal to acquire tribal land was rejected in 2021.
The Parties:
4. The Petitioners, Mr. Navin Popatlal Shah and Mr. Nitin Sundraji Shah (for short, "the Shahs"), have approached this Court under Article 226 of the Constitution of In
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