AI Overview...

Encroachment Removal Mechanisms - The Maharashtra Land Revenue Code (1966) grants authorities the power to remove encroachments on government land, with specific provisions under Sections 40 and 50 emphasizing the statutory duty of Collectors and other revenue officials to act against encroachments. Circulars, such as the December 2008 Circular, further empower Additional Collectors, Deputy Collectors, and Tahsildars in enforcement actions Atmaram Dasrath Ukey VS State of Maharashtra - Bombay, High Court on its own motion (In the matter of Jilani Building at Bhiwandi) VS Bhiwandi Nizampur Municipal Corporation - Bombay.
Legal Framework and Rules - The Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971, outline procedures for disposal and management of government land, including encroachment issues. The Maharashtra Municipal Councils, Nagar Panchayats, and Industrial Townships Act, 1965, also addresses removal of encroachments, especially on municipal land, emphasizing legal rights and proper procedures MUNICIPAL COUNCIL, PUSAD VS KUNDANLAL MOHANLAL JAISWAL - Bombay.
Government Resolutions and Policies - The 1977 Government Resolution introduced a policy of allowing encroachers to pay nominal rent to regularize certain encroachments, primarily on public utility and open spaces, rather than immediate eviction Atmaram Dasrath Ukey VS State of Maharashtra - Bombay.
Judicial and Administrative Orders - Courts have consistently directed authorities to demolish encroachments on public land, especially when violations of municipal laws or lease terms are involved. Orders often specify timelines for removal and emphasize adherence to statutory procedures Madhukar Sampatrao Patil VS State Of Maharashtra - Bombay, BAL KISHAN CHHABRA VS UNION OF INDIA - Delhi.
Special Cases and Disqualifications - Cases involving encroachment in Panchayats or by individuals pending legal proceedings sometimes lead to disqualification of members or officials under the Maharashtra Village Panchayats Act, 1959, until encroachments are resolved or legal verdicts are obtained Raju s/o Mansaram Pawar, Yashoda w/o Raju Pawar vs The Additional Divisional Commissioner, Aurangabad Division, Aurangabad - Bombay.
Regularization and Conversion - Conversion of leasehold properties to freehold does not condone encroachments or violations. Authorities require removal of encroachments before considering regularization or conversion applications BAL KISHAN CHHABRA VS UNION OF INDIA - Delhi.
Summary - The overarching legal stance in Maharashtra emphasizes the state's authority to remove encroachments on government land through statutory powers vested in revenue officials, supported by judicial orders and administrative circulars. Regularization policies exist but are limited and do not override the obligation to remove illegal encroachments Atmaram Dasrath Ukey VS State of Maharashtra - Bombay, Madhukar Sampatrao Patil VS State Of Maharashtra - Bombay, High Court on its own motion (In the matter of Jilani Building at Bhiwandi) VS Bhiwandi Nizampur Municipal Corporation - Bombay.

Analysis and Conclusion: Maharashtra's land revenue laws provide a robust framework for the eviction of encroachments, primarily through the Maharashtra Land Revenue Code and related rules. Enforcement involves a combination of statutory powers, administrative circulars, and judicial directives, ensuring that encroachments on government land are systematically addressed, with provisions for regularization where applicable, but primarily emphasizing eviction when violations occur.

Search Results for "Maharashtra Land Revenue Laws Regarding Ejection of Encroachment"

Atmaram Dasrath Ukey VS State of Maharashtra

2019 0 Supreme(Bom) 192 • India - Bombay

R.K.DESHPANDE, VINAY JOSHI

This decision is on Section 40 of the Maharashtra Land Revenue Code and it lays down that grant of land without auction is arbitrary ... However, by the Government Resolution dated 24-6-1977, the Revenue and Forest Department of the State Government decided to take ... nominal rent in order to make out the deficit or shortfall of open space, place for public utility and public roads caused due to encroachment ... the Maharashtra Land Revenu....

Madhukar Sampatrao Patil VS State Of Maharashtra

2019 0 Supreme(Bom) 1898 • India - Bombay

R.K.DESHPANDE, VINAY JOSHI

Constitution of India,1950 – Articles 226, 166(1) and 21 - Maharashtra Regional and Town Planning Act - Sections 37 and 2(a) - Maharashtra ... on the public utility land and espouse the cause of the Bezanbag residents – Held, Respondents are directed to demolish the encroachments ... the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971. ... There is a statutory duty cast upon the Collector to remove encroachments on the Government land#HL_....

High Court on its own motion (In the matter of Jilani Building at Bhiwandi) VS Bhiwandi Nizampur Municipal Corporation

2022 0 Supreme(Bom) 137 • India - Bombay

DIPANKAR DATTA, G.S.KULKARNI

Section 50 of the Maharashtra Land Revenue Code, 1966 td style="width: 133.5pt; height: 1.0pt; border-left: medium none; border-right: 1.0pt solid windowtext; border-top: medium none; border-bottom: 1.0pt solid windowtext; padding: 0cm" valign ... GOVERNMENT CIRCULAR 19 DECEMBER 2008 This Circular refers to the authority and power conferred on the Additional Collector (Encroachment/Removal), Deputy Collector (Encroachment/Removal) and Tahsildar (Encroachment/Removal) for....

MUNICIPAL COUNCIL, PUSAD VS KUNDANLAL MOHANLAL JAISWAL

2007 0 Supreme(Bom) 130 • India - Bombay

B.P.DHARMADHIKARI

Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Sections 92 and 181 - Removal of encroachment ... . - In absence of any legal right in favour of person who allegedly committed encroachment, mere act of depositing certain monthly ... admeasuring 1093 sq. m. out of plot No. 2396, Sheet No. 66 to petitioner Municipal Council on payment of occupancy prices of Rs. 38255 and on yearly revenue of Rs. 393.50 in exercise of powers under section 31 of Maharashtra La....

2006 0 Supreme(Del) 195 • India - Delhi

on public land. ... rejecting the application for conversion of leasehold properties to freehold - Conversion does not condone violations of the municipal laws ... respondents to effect conversion of the shops from lease hold to freehold & granted 60 days time to petitioner for removing all encroachments ... Jainul Islam and Maharashtra SRTC Vs. State of Maharashtra ). . . . . . 27. ... Regarding basement, since the same was constructed in violation of the lease terms and building bye-....

Raju s/o Mansaram Pawar, Yashoda w/o Raju Pawar vs The Additional Divisional Commissioner, Aurangabad Division, Aurangabad

• India - Bombay High Court - Bench at Aurangabad

Ravindra V. Ghuge, J

encroachment on government land as ruled by the district authorities - Claim for regularization of encroachment pending, hence, ... (A) Maharashtra Village Panchayats Act, 1959 - Section 14(1)(j-3) - Disqualification of members - Petitioners disqualified due to ... The wife claimed no involvement or encroachment. ... Until the petitioner/ husband is convicted and there being no case registered regarding the purported encroachment of the petitioner, Section 14(1)(j-3) ....

Sau. Priya Alkesh Kalbande VS State of Mah. , thr. its Secretary, Ministry, Rural Development

2019 0 Supreme(Bom) 19 • India - Bombay

MANISH PITALE

Government land - Encroachment - Guilty of charges - Continuation of interim relief - Maharashtra Village ... Amravati, removing petitioners from said elected position under s 39(1) of Act, 1959 and order passed by respondent No. 1-State of Maharashtra ... on ground that despite repeated directions by State functionaries of office of Collector, Amravati, petitioners had ensured that encroachment ... ... [(3B) Any order made by the Collector in exercise of powers conferred on him under subsection (2A) o....

Seema w/o Ramesh Khule VS Divisional Commissioner Amravati Division

2020 0 Supreme(Bom) 189 • India - Bombay

MANISH PITALE

The court also considered relevant provisions of the Maharashtra Land Revenue Code, 1966 and the Maharashtra Land Revenue (Disposal ... application of relevant provisions of the Maharashtra Land Revenue Code, 1966 and the Maharashtra Land Revenue (Disposal of Government ... for encroachment on government land or public property. ... The Berar #....

K. Durai VS Competent Authority, The Special Commissioner of Land Administration, Chepauk

2014 0 Supreme(Mad) 3566 • India - Madras

M.VENUGOPAL

Issues: The issues involved the rejection of unnumbered petitions, the sale agreement, encroachment, and the nature of the ... of unnumbered petitions by the trial court, the sale agreement, possession of the property, encroachment, and the legal provisions ... The trial court observed encroachments and ordered removal. ... Furthermore, the then District Revenue Officer, Thiruvallur, Mohanasundaram had deposed before the trial Court/Special Court on 15.11.2008 that the encroachment to....

Vinayak s/o. Shankarrao Bapat VS Superintendent of Police, Chandrapur

2006 0 Supreme(Bom) 857 • India - Bombay

J.N.PATEL, B.P.DHARMADHIKARI

The' said land has been handed over to Municipal Council but it has got encroachment of brick kilns. The revenue department has been informed to remove that encroachment. ... In such circumstances, a piece of land belonging to a person who move-s such conversion application under section 44 of Maharashtra Land Revenue Code is required to be considered independently without in any way affecting the other adjacent agricultural land. .....

Filter by Legal Phrase

Legal Issues on Supreme Today AI

Approbate and Reprobate: Key Legal Doctrine Explained Vague Threatening Phone Calls: Why They Fail in Court Does SCC Own Copyright on Full Text Judgments? G.O. Ms No. 108: TN Salesman & Packer Recruitment Rules Article 226 vs 227: Key Differences in High Court Powers Judgments on One-Time GNA Charges in India TIP: Judicial vs Executive Magistrate Rules Explained Can a Sole Dissenting Member Block Society Redevelopment? How to Sue Fake Facebook Accounts for Defamation in India Illustrations: Person Dominating Will in Indian Law Perusal in Court Orders: What It Means in Law Litigant Vigilance: Essential Duty in Court Proceedings What to Do If Company Suit Signatory Dies Renting House Without Rent Agreement in India: Risks Stay on Money Realization After Ejectment: Is It Possible?