Here's a breakdown of a recent court decision involving a land dispute in Aurangabad, Maharashtra. The case revolves around the rights to certain lands originally granted under the Hyderabad Abolition Inam and Cash Grants Act, 1954.
The dispute concerns lands in Satara, Aurangabad. The family members of the original landowners, known as Inamdars, filed petitions against orders that favored tenants claiming the right to stay on the land. The controversy began when the tenants started legal actions under the Hyderabad Abolition Inam and Cash Grants Act, 1954, claiming they were rightful occupants.
"The Deputy Collector decided that Asaram Chopde was an occupant with Narayan Chopde and others having rights to stay on the land."
A local MLA filed a complaint in 2010, saying that the tenants' case was not handled correctly. This led to a series of decisions starting with the Deputy Collector in 2014, who ordered the lands to be taken from Tukaram Kishan Khedkar and others, citing improper sale deals.
"The MLA claimed that the revenue authorities did not do their job properly."
The court had to decide whether the lands fell under Section 5 or Section 6 of the Act. Section 5 applies to lands that can be owned forever and sold, while Section 6 does not. The court found that the lands were indeed lands that can be owned forever and sold, making Section 5 applicable.
"Once it is clear that the lands in question are owned forever and can be sold, it is necessary to see which part of the Act would apply."
The court noted mistakes by authorities in applying Section 6, which led to the wrong eviction orders. The Additional Collector's order was based on the incorrect idea that Tukaram Kishan Khedkar and others needed to pay a price to stay on the land under Section 6.
"The authorities failed to consider this point and therefore made a serious mistake in law."
The High Court, led by Judge R. M. Joshi, canceled the previous orders, confirming that the lands should be governed by Section 5, not Section 6.
"The orders in question cannot hold up in law and should be canceled."
This decision reaffirms the rights of Tukaram Kishan Khedkar and others to the lands, correcting the legal mistakes and clarifying the application of the Hyderabad Abolition Inam and Cash Grants Act, 1954.
