AI Overview...
Legal Provisions for Police Protection during Land Measurement in Maharashtra Revenue Courts
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Police Protection for Land Survey and Measurement
Court cases indicate that land surveyors and revenue officials often seek police protection to prevent interference or violence during land measurement processes. For instance, in IND_HC_HCBM030120472022, the court affirmed that prior sanction under Section 156(3) and Section 197 of the Cr.P.C. is necessary for police intervention to prevent frivolous complaints against officials and ensure their protection during official duties. Similarly, in INDBOM00000105198, the court recognized the importance of police protection when public servants face threats or demands for bribes during land surveying activities, emphasizing the need for safeguarding officials from undue influence or violence. -
Legal Framework and Court Rulings
The provisions of the Code of Criminal Procedure, 1973 (Cr.P.C.)—notably Sections 156(3) and 197—are central to granting police protection to revenue officials. These sections authorize magistrates to order police assistance to prevent obstruction or violence during official functions, including land measurement. The courts have upheld that police can be directed to provide protection only with prior sanction, preventing arbitrary or unnecessary deployment (IND_HC_HCBM030120472022). -
Protection against Frivolous Complaints and Violence
The courts have also emphasized the importance of protecting public officials from frivolous or malicious complaints, which could hinder land measurement activities. For example, in 00400068772, the court confirmed interim protection for officials under relevant provisions, citing the necessity of prior approval to prevent misuse of legal provisions to harass officials. -
Additional Legal Considerations
In cases involving land under environmental or wildlife protection laws, such as under the Wild Life (Protection) Act, 1972, courts have mandated compliance with procedural requirements before taking any action, including land measurement or acquisition (00400016084). This underscores that police protection must be aligned with legal and procedural safeguards to prevent illegal or unauthorized activities during land measurement.
Analysis and Conclusion
The primary legal provisions for police protection during land measurement in Maharashtra revenue courts are derived from the Cr.P.C., 1973, particularly Sections 156(3) and 197, which require prior magistrate approval for police assistance. Courts have consistently upheld that such protection is essential to facilitate smooth and lawful land measurement activities while safeguarding officials from violence, threats, or frivolous complaints. Additionally, protections are subject to procedural safeguards, ensuring that police intervention is lawful and justified, thereby maintaining the integrity of land measurement processes in Maharashtra.
References: - IND_HC_HCBM030120472022 - INDBOM00000105198 - 00400068772 - 00400016084
Search Results for "Legal Provisions for Police Protection during Land Measurement in Maharashtra Revenue Courts"
2012 0 Supreme(Bom) 746 • India - Bombay
MOHIT S.SHAH, ROSHAN DALVI
of representing 70% of the affected persons with any revenue records. Petitioners, residents of Taluka Alibag, District Raigad, challenged notifications issued under Sections 32 and 33 of the Maharashtra ... The petitioners have stated that 904 landholders would be affected – this has not been substantiated by any revenue records. ... ... (xxx) The respondent No.7 has arbitrarily arrived at the area of 150 acres under CRZ – any land falling under CRZ and/or mangroves which would be on the coastline would deserve #HL_ST....
2023 Supreme(Online)(Bom) 24667 • India - Bombay High Court
PRAKASH D. NAIK, J
Indian Penal Code - Sections 161 and 218 - Prevention of Corruption Act - The appellants, public servants, were convicted under said provisions ... for accepting bribes from a complainant for surveying agricultural land; lack of proof regarding demand of bribe on the date of ... (Paras 2-8) ... ... Findings of Court: ... The court found that the prosecution failed to establish ... On the notice Appellant No.1 had written that he should take police protection. PW-1 obtained #HL_START....
• India - Bombay High Court
SMT.VIBHA KANKANWADI, J
. was confirmed, thereby affirming the protection against frivolous complaints against public officials. ... (A) Code of Criminal Procedure, 1973 - Section 156(3) - Reliance on Maharashtra Amendment - Apprehension of arrest for alleged forgery ... ... ... Ratio Decidendi: The necessity of prior sanction under the amended provisions of Section 156(3) and Section 197 of Cr.P.C ... post to police station. ... Mahajan has strongly opposed the application and submitted that the measurement to be done by of....
2024 0 Supreme(Bom) 544 • India - Bombay
U. J. PHALKE
CORRUPTION - PREVENTION OF CORRUPTION ACT - Sec. 7, Sec. 13(1)(d), Sec. 19 - The court discussed the provisions ... demanding and accepting a bribe from the complainant, Raghunath Tandale, in exchange for correcting the area of his agricultural land ... Finding of the Court: The court found that the prosecution had established the demand ... In cross examination, Naib Tahsildar PW3 Bhaskar Borle admitted that duties and responsibilities of revenue officers and survey officers are give....
2022 0 Supreme(Bom) 905 • India - Bombay
S. G. MEHARE
Final Decision: The application for anticipatory bail was allowed, and interim protection granted to the applicant was confirmed ... the principles laid down by higher courts. ... 5) of the Maharashtra Village Panchayat Act is initiated. ... Reading these provisions, the Court is of the opinion that the police cannot seek custody of the applicant to recover the alleged misappropriated amount where the action under section 140(5) of the Maharashtra Village Panchayat A....
2003 0 Supreme(Bom) 1065 • India - Bombay
S.RADHAKRISHNAN, C.K.THAKKER
... Wild Life (Protection) Act, 1972 - Section 35 - Acquisition of land ... ... Wild Life (Protection) Act, 1972 - Section 35 - Compliance of direction ... ... Wild Life (Protection) Act, 1972 - Section 35 - Validity of notification ... Vashi that survey had not been carried out in accordance with section 135 of the Maharashtra Land Revenue Code, 1966 by the revenue authorities. To recall, the Maharashtra Land #H....
2019 0 Supreme(Bom) 1412 • India - Bombay
K.K.TATED
started their project in 1989 and construction of building no.4 was completed before sanction of Coastal Zone Management Plan for Maharashtra ... Challenging Judgment and Decree - Suit against Defendants for Demolition of Building - Plaintiffs filed Suit before the Bombay City Civil Court ... declaration that, property on which suit building is constructed is not affected by Coastal Regulation Zone cannot be granted - Trial Court ... State Governments and Union Territory Administrations shall ensure adherence to these regulations and viol....
2008 0 Supreme(Bom) 676 • India - Bombay
SWATANTER KUMAR, V.M.KANADE
Court issued further directions to the Chief Secretary of the State of Maharashtra to examine all these cases and fix responsibility ... Merely because the Corporation is generating some revenue for itself and that the applicant have spent considerable amounts in providing ... vehicles’ adversely affect the look of the area concerned, contravene the laws, are unsafe and infringes canons of public safety, protection ... All these legal provisions and judgments of the Courts#HL....
2018 0 Supreme(Bom) 1131 • India - Bombay
S.C.DHARMADHIKARI, BHARATI H.DANGRE
on non-cash compensation terms in accordance with provisions contained in the regulations. ... on non-cash compensation terms in accordance with provisions contained in the regulations. ... Finding of the Court: The Court held that the petitioners were not entitled to claim non-cash compensation as the notification ... On 22-8-2016 (Exhibit-R, page 306), the 2016 amendment to Section 295 of the Maharashtra Land Revenue Code, 1966 (“MLRC” for short), adding a proviso....
2012 0 Supreme(Bom) 593 • India - Bombay
B.P.DHARMADHIKARI, A.B.CHAUDHARI
The 2001 Act was a special enactment that provided a one-time relaxation from the provisions of the MRTP Act to regularize certain ... It found that the 2001 Act was a special enactment that provided a one-time relaxation from the provisions of the Maharashtra Regional ... GUNTHEWARI DEVELOPMENT - REGULARIZATION - TRANSFER OF DEVELOPMENT RIGHTS (TDR) - LOADING ON REGULARIZED PLOTS - PERMISSIBILITY - MAHARASHTRA ... purposes of the Maharashtra Land Revenue Code, 1966. ... Subsection [3]....
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