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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MANJUSHA DESHPANDE, J
Bhimabai W/o Baburao Waghmare. – Appellant
Versus
Deputy Director Land Record – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2. Petitioners are taking exception to the order dated 29/06/2018, passed by respondent No.2 District Superintendent of Land Records, Ahmednagar, in Consolidation Appeal No.825/2016, and the consequential notices issued by respondent No.3 Deputy Superintendent of Land Records. Vide order dated 29/06/2018. The order passed respondent No.2 on 28/02/2017 has been corrected to the extent that measurement of sub-division done at the time of consolidation scheme in Survey No.95 at village Digras, Taluka Rahuri, has been cancelled holding that the same is defective and respondent No.2 Deputy Superintendent of Land Records, Rahuri, has been directed to submit amended proposal in view of Section 32(1) of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (for short ‘the said Act’), according to the 7/12 extract existing prior to the coming into force of the consolidation scheme.
3. According to petitioners, consolidation scheme was made applicable in the village Digras in the year 1978. By virtue of application filed in the year 2015, amendment is sought in the consoli
Delay in filing an appeal against consolidation orders must be satisfactorily explained; otherwise, the order is invalid due to lack of jurisdiction.
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....
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....
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....
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.
Correction in the consolidation scheme can be sought within a reasonable period of time, not beyond three years of finalization of the scheme.
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