CiteTEXT
...that juncture the suit land was “forest land”. In 1963-1964, proceedings were initiated under the Bombay Salsette Estates (Land Revenue Exemption Abolition) Act, ...proceedings initiated under Section 37 of the Bombay Land Revenue Code, and in the enquiry held in respect of the applicability of the Bombay Salsette Estates (Land Revenue Exemption ...the land in question is a jungle, and not a wasteland, with a view to prevent its vesting in the State Government under Section 4 of the Bombay Salsette Estates (Land Revenue Exemption ...
...:
1965 AIR 590 1964 SCR (2) 737
ACT:
Land Revenue, Exemption, Abolition of-Validity of enactment-Grant-Terms and conditions of grant-If amount to...India Company. The villages were held and enjoyed by the successors of Banajee under the terms of the grant without payment of land revenue till the year. 1952. The Legislature of the Bombay State enacted the Salsette ....
HEADNOTE:
The Legislature of the Bombay State enacted the Salsette Estates (Land Revenue Exemption Abolition) Act, XLVII of 1931 which was brough...
...of the State of Bombay passed the Salsette Estates (Land Revenue Exemption Abolition) Act, 1951. This statute was brought into force on 1-3-1952. Section 4 of the ...the owner of the disputed land in Village Vikhroli as the successor-in-title of Framjee Cawasjee Banaji; that the provisions of the Salsette Estates Act had no application to the disputed land and...the State, the disputed land was not appropriated or brought under cultivation before 14-8-1951 and, therefore, it vested in or was the property of the State by virtue of Section 4 of the Salsette...
...and the assessment was levied on that basis.5. After the work of survey was complete, proceedings were instituted under the Bombay Land Revenue Code before the Mahalkari by various parties claiming title to different ...into effect from March 1, 1952. Under the provisions of the Act the land revenue exemption enjoyed by the...and Bhandup Estate. On inquiry and after examining the evidence produced in support of the respective claims, it was held by the Inquiry Officer under the Bombay Land Revenue Code that the lands...
...these lands were part of a Khoti estate. In 1950 the State Legislature enacted the Salsette Estates (Land Revenue Exemption Abolition) Act of 1951, and...Collector held that consequent upon the introduction of the Salsette-Estate (Land Revenue Exemption Abolition) Act of 1951, the lands in ex-khot villages were l...Mamlatdar of South Salsette.3. Against the order passed by the Deputy Collector an appeal was preferred by the petitioners to the Collector under S. 203 of the Bombay Land Revenue Code. The...
...consent terms it was reiterated that the subject land stood appropriated to the State Government under the Salsette Estates (Land Revenue Exemption Abolition ...belonged to Khot under grant made to them under a Deed of 1819 with the East India Company. An enquiry was conducted under the Salsette Estate (Land Revenue Exemption Abolition) Act, 1951...provisions of Salsette Inam Abolition Act, 1951 did not arise and the land which vested in the Government is other than C.T.S No. 299. Learned Minister based on this possession b...
.... She submits that Mouje Tirandaj was Kothi village and the land of the Kothi was unsurveyed and was given Kothi numbers. The lands of the said villages were surveyed when Salsette Estates (Land ...have impugned the order dated 27 August, 2014 passed by the learned Revenue Minister, Mantralaya, Mumbai dismissing the revision application filed by the petitioners as well as the judgment and order...registered Gift Deed dated 9 May, 1964, the father of the deceased petitioners i.e. Chandrabhan Sharma had gifted 5 acres and 16 gunthas land out of survey no. 40 of village Tirandaj, Taluka Kurla...
...stood between the State and the peasant.9. On January 14, 1952, the Bombay Legislature passed the Salsette Estates (Land Revenue Exemption Abolition) Act,...XLYII of 1951 which abolished amongst other things the Khoti tenure in Salsette District. The Act came into force on March 1, 1952. The Bill was published on August 14, 1951. This Act...happened since those rights accrued. Now, it is true that compensation payable to a claimant under the Land Acquisition Act...
...Jeejeebhoy Pvt. Ltd., which is also recited in the Lease Deeds.
p) The Legislature of the then Bombay Province / State enacted the Salsette Estates (Land revenue Exemption ...Court dismissed the sad Civil Appeal No.560 of 1962 of Byramjee Jeejeebhoy Pvt. Ltd. on 03/04/1963, holding that provisions of Salsette Estates (Land Revenue Exemption Abolition) Act, .... The issue before the Supreme Court was whether Byramjee Jeejeebhoy was exempted from payment of land revenue under Section 3 of Salsette Estates (Land Revenue Exemption ...
...Jeejeebhoy Pvt. Ltd., which is also recited in the Lease Deeds.
p) The Legislature of the then Bombay Province / State enacted the Salsette Estates (Land revenue Exemption ...Court dismissed the sad Civil Appeal No.560 of 1962 of Byramjee Jeejeebhoy Pvt. Ltd. on 03/04/1963, holding that provisions of Salsette Estates (Land Revenue Exemption Abolition) Act, .... The issue before the Supreme Court was whether Byramjee Jeejeebhoy was exempted from payment of land revenue under Section 3 of Salsette Estates (Land Revenue Exemption ...
...based upon the provisions of the Maharashtra Land Revenue Code and the Salsette Estates (Land Revenue Exemption Abolition) Act, 1951 ("Salsette ...submitted that under the provisions of the Maharashtra Land Revenue Code and the Salsette Act, the suit property was vested in the State Government and not the plaintiffs or their predecessors in...denial was not in good faith.
22. Mr Madon submitted that there was nothing in the provisions of the Maharashtra Land Revenue Code or the Salsette Act based upon which...
...based upon the provisions of the Maharashtra Land Revenue Code and the Salsette Estates (Land Revenue Exemption Abolition) Act, 1951 ("Salsette ...submitted that under the provisions of the Maharashtra Land Revenue Code and the Salsette Act, the suit property was vested in the State Government and not the plaintiffs or their predecessors in...denial was not in good faith.
22. Mr Madon submitted that there was nothing in the provisions of the Maharashtra Land Revenue Code or the Salsette Act based upon which...
..., 1964 passed under section 37 of the Land Revenue Code read with section 4 of the Salsette Estates (Land Revenue Exemption Abolition) Act, ...Mamlatdar's order holding the land to be appropriated under section 4 of the Salsette Estate (Land Revenue Exemption Abolition) Act, 1951 was justified...Act. Again, an enquiry was held and the Sub-Divisional Officer arrived at the conclusion that the land was not a private forest. That order was set aside by the Maharashtra Revenue Tribunal by its...
.... 2483 dated 1st June, 1965 is also mutated. That entry is based upon the order dated 24th December, 1964 passed under section 37 of the Land Revenue Code read with section 4 of the Salsette ...Estate (Land Revenue Exemption Abolition) Act, 1951 was justified, on that count. But these orders and the entry relied upon are mainly with regard to ownership of the land i.e w...under section 37(2) of the Land Revenue Code read with section 4 of the S.E (L.R.E.A) Act, 1951, the State of Maharashtra preferred Revision Application before the...
...”.
Consent decree in the Bombay High Court
7. On 27th August 1951 the Legislative Assembly of the State of Bombay passed the Salsette Estates (Land ...alia, for a declaration that it was the owner of the disputed land in village Vikhroli as the successor in title of Framjee Cawasjee Banaji; that the provisions of the Salsette Estates Act had no...statute was brought into force on 1st March 1952. Section 4 of the Salsette Estates Act provided that waste lands granted...
...”.
Consent decree in the Bombay High Court
7. On 27th August 1951 the Legislative Assembly of the State of Bombay passed the Salsette Estates (Land ...alia, for a declaration that it was the owner of the disputed land in village Vikhroli as the successor in title of Framjee Cawasjee Banaji; that the provisions of the Salsette Estates Act had no...statute was brought into force on 1st March 1952. Section 4 of the Salsette Estates Act provided that waste lands granted...
.... Some times in the year 1952, the Salsette Estates
4
(Land Revenue Exemption Abolition) Act, ...Salsette Act") came into effect.
5. On or about 10thMarch 1971, the appellant filed a suit (123 of 1955) against the Government for accounts. On...relation between the Grantee and the Tenant was not affected by Section 3 of the Salsette Act and further held that the tenants holding on behalf of Grantee could not become occupants and thus the...
.... Some times in the year 1952, the Salsette Estates
4
(Land Revenue Exemption Abolition) Act, ...Salsette Act") came into effect.
5. On or about 10thMarch 1971, the appellant filed a suit (123 of 1955) against the Government for accounts. On...relation between the Grantee and the Tenant was not affected by Section 3 of the Salsette Act and further held that the tenants holding on behalf of Grantee could not become occupants and thus the...
.... Some times in the year 1952, the Salsette Estates
4
(Land Revenue Exemption Abolition) Act, ...Salsette Act") came into effect.
5. On or about 10thMarch 1971, the appellant filed a suit (123 of 1955) against the Government for accounts. On...relation between the Grantee and the Tenant was not affected by Section 3 of the Salsette Act and further held that the tenants holding on behalf of Grantee could not become occupants and thus the...
...virtue of its prerogative right to be the owner of all lands within its territory. The proposition that so far as the liability for the payment of land revenue is concerned, all land is held from or under the Government fin...that the respondents had filed two suits under s. 14 of the Bombay City Land Revenue Act II of 1876. Suit No. 8 of 1943 was filed on July 23, 1943, within 30 days of the...collectively) issued under s. 9 of the Bombay City Land Revenue Act, 1876, the Collector of Bombay, i.e, the appellant, informed the respondents that he proposed to levy...