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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SACHIN S. DESHMUKH
Kachru S/o. Girju Bansod – Appellant
Versus
Vijay S/o Bhimrao Pathrikar – Respondent
JUDGMENT :
Sachin S. Deshmukh, J.
Objection is raised in the present petition to the order rendered by Secretary and Special Executive Officer (Appeal) of Revenue and Forest Department, allowing the appeal of the respondents.
2. In respect of village Pathri, Tehsil – Phulambri, District – Aurangabad, is concerned, the consolidation scheme was implemented in the year 1968. Petitioner is the owner and possessor of the land bearing original survey no. 21/1 admeasuring 2 Acre 9 Guntha, which is the ancestral property of the petitioner.
3. On the strength of the consolidation scheme enforced in the village, the Consolidation Officer effected the mutation entry no. 418 dated 07.02.1968. In the process, the land of the petitioner was re-numbered as gat nos. 47 and 48 admeasuring 2 Acre and 0.09 Are, respectively. Gut no. 48 originally was measured 0.09 Are, was erroneously recorded as 0.06 Are and was eventually re-numbered as survey no. 21/1/48.
4. Although, this correction was effected, however, not notified. Consequently, the petitioner had no occasion to know that clerical error had occurred during the process of consolidation scheme.
5. In an attempt to take undue advantage of this clerica
The implementation of land consolidation schemes must strictly adhere to statutory provisions; failure renders any resultant claims invalid.
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....
Delay in filing an appeal against consolidation orders must be satisfactorily explained; otherwise, the order is invalid due to lack of jurisdiction.
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.
The court affirmed that disputes regarding consolidation schemes must be resolved through appellate remedies, and title disputes among estate holders are to be adjudicated by civil courts, not under ....
Jurisdiction under Section 42 of the Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
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....
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