As per case facts, petitioners, agricultural tenants in Village Gorai, had their tenancy declared final in 1977. Subsequently, the Tehsildar fixed the purchase price under Section 32-G, which petitioners paid. ...
wp-6893-2019 with wp-11004-2016-j.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6893 OF 2019
Simon Luis D Mello
(since deceased) Legal Heirs & Ors. … Petitioners
V/s.
John Zozolia D Mello
(since deceased) Legal Heirs & Ors. … Respondents
WITH
WRIT PETITION NO.11004 OF 2016
John Zuzulia D’ Mello
(since deceased) Legal Heirs & Ors. … Petitioners
V/s.
Terrance Ferreira
(since deceased) Legal Heirs & Ors. … Respondents
Ms. Anu C. Kaladharan I/B Mr. S. A. Abhyankar, for the
Petitioners in WP/6893/2019.
Mr. Anil Anturkar, Sr. Advocate along with Mr.
Shashikant Sawadkar, for Respondent Nos.10 & 13 in
WP/6893/2019, and for Respondent No.2 in
WP/11004/2016.
Mr. Chetan Rathod, for the Petitioner in
WP/11004/2016 & for Respondent Nos.1 and 2 in
WP/6893/2019.
Mrs. S. R. Crasto, AGP, for the State in WP/6893/2019.
Mrs. V. R. Raje, AGP, for the State in WP/11004/2016.
Mr. Manish N. Bhutekar, for Respondent No.6(c) in
WP/11004/2016.
1
SHABNOOR
AYUB
PATHAN
Digitally signed
by SHABNOOR
AYUB PATHAN
Date: 2026.08.12
11:16:53 +0530
wp-6893-2019 with wp-11004-2016-j.doc
CORAM :AMIT BORKAR, J.
RESERVED ON :AUGUST 10, 2026
PRONOUNCED ON:AUGUST 12, 2026
JUDGMENT:
1.The Petitioners have filed the present Writ Petitions under
Articles 226 and 227 of the Constitution of India. They are
challenging the Judgment and Order dated 25 February 2016
passed by the learned Member (Administrative), Maharashtra
Revenue Tribunal, Mumbai, in Revision Petition No.
TNC/REV/283/B of 2011. According to the Petitioners, the said
Judgment and Order is not correct and has caused prejudice to
them. They have, therefore, approached this Court by filing the
present Petitions.
2.The facts which have led to the filing of the present Petitions
are as follows. The Petitioners, along with Respondent Nos. 1 to 8,
were declared to be agricultural tenants in respect of the
agricultural land situated at Village Gorai, Taluka Borivali, M.S.D.,
Mumbai, bearing Survey No. 31, Hissa No. 1. The land measures
about 5 Acres, 8 Gunthas and 8 Cents and is assessed at Rs. 73.25.
The learned Tehsildar and Agricultural Lands Tribunal, Borivali, by
Judgment and Order dated 31 May 1976, declared the Petitioners
and Respondent Nos. 1 to 8 as tenants of the said land.
Respondent Nos. 9 and 12 are the legal heirs of the original
owners of the land. Respondent Nos. 8 to 12 challenged the Order
dated 31 May 1976 by filing an Appeal before the learned Sub-
Divisional Officer, M.S.D., Mumbai. The said Appeal came to be
2
wp-6893-2019 with wp-11004-2016-j.doc
dismissed by Judgment and Order dated 11 May 1977. By that
Order, the learned Sub-Divisional Officer confirmed the order
passed by the learned Tehsildar, Borivali. Respondent Nos. 8 to 12
did not challenge the said Order any further. Therefore, the order
declaring the Petitioners and Respondent Nos. 1 to 8 as tenants
became final.
3.After the order of the learned Tehsildar was confirmed by the
learned Sub-Divisional Officer in the year 1977, the Petitioners,
along with Respondent Nos. 1 to 8, applied to the learned
Tehsildar, Borivali, for determination of the purchase price of the
land. The application was made under Section 32-G of the Bombay
Tenancy and Agricultural Lands Act. The purpose of the
proceedings was to determine the amount which the tenants were
required to pay for purchasing the land. The learned Tehsildar,
Borivali, passed an Order dated 2 September 2009 in Tenancy Case
No. 3 of 2005 and determined the purchase price of the suit
property. The Petitioners, along with Respondent Nos. 1 to 8, paid
the purchase price so determined to the learned Tehsildar, Borivali.
4.Respondent Nos. 8 to 12 were aggrieved by the Order dated
2 September 2009 passed by the learned Tehsildar, Borivali. They,
therefore, filed Appeal No. 4 of 2010 before the learned Sub-
Divisional Officer, M.S.D., Mumbai, challenging the said Order. The
learned Sub-Divisional Officer, M.S.D., Mumbai, heard the parties
and allowed the Appeal on 16 May 2011. According to the
Petitioners, while passing the said Order, the learned Sub-
Divisional Officer went beyond the powers available to him and
cancelled the 'M' Certificate. The Petitioners contend that no
3
wp-6893-2019 with wp-11004-2016-j.doc
proper reasons were given for cancelling the 'M' Certificate. It was
not explained why the order passed by the learned Tehsildar,
Borivali, determining the purchase price was wrong or could not
be sustained.
5.Being aggrieved by the Order dated 16 May 2011, Petitioner
No. 2 and Respondent Nos. 1 to 5 filed a Revision Petition before
the Maharashtra Revenue Tribunal under Section 76 of the
Bombay Tenancy and Agricultural Lands Act, now known as the
Maharashtra Agricultural Lands Act. The Revision Petition was
registered as Revision Petition No. 283/B of 2011. Petitioner No. 1
was shown as Respondent No. 5 in that Revision Petition because,
according to the Petitioners, Petitioner No. 1 was not available to
sign the Revision Petition at that time.
6.The Petitioners state that the Maharashtra Revenue Tribunal,
Mumbai, heard the parties and their respective Advocates and
passed the impugned Judgment and Order dated 25 February
2016. The Petitioners are dissatisfied with the said Judgment and
Order. According to them, the Tribunal has not properly considered
their case and has committed an error in upholding the order
which had gone against them. The Petitioners have, therefore,
approached this Court by filing the present Writ Petitions and seek
interference with the impugned Judgment and Order.
7.Mr. Abhyankar, learned Advocate appearing for the
Petitioners, submitted that the Petitioners are aggrieved by the
Judgment and Order dated 25 February 2016 passed by the
learned Member, Maharashtra Revenue Tribunal, Mumbai, in
4
wp-6893-2019 with wp-11004-2016-j.doc
Revision Petition No. TNC-REV/283/B/2011. They have, therefore,
filed the present Writ Petition under Articles 226 and 227 of the
Constitution of India. According to him, the impugned Judgment
and Order is contrary to law and to the material on record and,
therefore, deserves to be quashed and set aside.
8.Mr. Abhyankar submitted that the learned Member of the
Maharashtra Revenue Tribunal has seriously erred in applying to
the present case the principle laid down in the Judgment of the
Hon'ble Justice Kanade concerning Village Dahisar. He submitted
that Village Dahisar was one of the 34 Villages, along with Village
Gorai, referred to in Part IV of Schedule A to the Greater Bombay
Laws and the Bombay High Court (Declaration of Limits) Act,
1945, hereinafter referred to as "the Greater Bombay Declaration
of Limits Act". According to him, the Tribunal could not have
applied that Judgment merely because the suit land is situated at
Village Gorai and because it was stated to have come within
Greater Bombay pursuant to the Notification dated 1 August 1956.
9.Mr. Abhyankar submitted that the learned Member of the
Tribunal has not properly considered the Judgment dated 22
September 1978 delivered by this court. He submitted that the
Tribunal has not properly examined the relevant provisions of the
Greater Bombay Laws and the Greater Bombay Declaration of
Limits Act. Because of this, according to him, the Tribunal reached
an incorrect finding. According to Mr. Abhyankar, the Tribunal
ought to have held that the 34 Villages of the then Thana District,
which are presently situated in Taluka Borivli of the Bombay
Suburban District and are mentioned in Part IV of Schedule A to
5
wp-6893-2019 with wp-11004-2016-j.doc
the Greater Bombay Declaration of Limits Act, included Village
Gorai and Village Dahisar. He submitted that, as on 1 August 1956,
these Villages formed part of the then Thane District and were not
part of Greater Bombay.
10.Mr. Abhyankar therefore submitted that the Notification
dated 1 August 1956 could not have been applied to Village Gorai
and Village Dahisar. He submitted that this position is made clear
by Bombay Act No. 57 of 1956. Mr. Abhyankar submitted that the
learned Member of the Tribunal has failed to consider an
important part of Part IV of the Greater Bombay Declaration of
Limits Act. According to him, the proviso to Part IV states that, for
the purpose of Section 43-C of the Bombay Tenancy and
Agricultural Lands Act, 1948, hereinafter referred to as "the
Tenancy Act", the expression "Greater Bombay" used in Section 43-
C would not include the 34 Villages mentioned in Part IV of
Schedule A to the Greater Bombay Declaration of Limits Act.
11.Mr. Abhyankar submitted that the said proviso is clear in its
words and leaves no doubt about its meaning. It excludes the
Villages mentioned in Part IV of Schedule A from the expression
"Greater Bombay" for the purpose of Section 43-C of the Tenancy
Act. According to him, the learned Member of the Tribunal failed
to consider the effect of this proviso while deciding the Revision
Petition.
12.The learned Advocate therefore submitted that the Tribunal
ought to have held that, even today, for the purpose of Section 43-
C of the Tenancy Act, Village Gorai and Village Dahisar are to be
6
wp-6893-2019 with wp-11004-2016-j.doc
treated as Villages which do not form part of Greater Bombay. He
submitted that this position follows from the provisions of the
Greater Bombay Laws and the Greater Bombay Declaration of
Limits Act, 1945. Mr. Abhyankar submitted that, for this reason,
the provisions of the Tenancy Act, including Sections 1 to 87,
continue to apply to Village Gorai, Village Dahisar and Village
Borivli, as mentioned in Part IV of Schedule A to the Greater
Bombay Declaration of Limits Act. According to him, the only
exception is in respect of those areas which were within the former
Municipalities of Borivli, Kandivli, Malad and Mulund. It was
therefore submitted that the learned Member of the Tribunal failed
to consider this legal position. According to Mr. Abhyankar, this
failure has resulted in an incorrect finding which cannot be
sustained.
13.Mr. Abhyankar submitted that the Tribunal has committed an
error in holding that the Notification dated 1 August 1956 treated
Village Gorai as part of Greater Bombay. According to him, when
the said Notification was issued, the limits of Greater Bombay did
not include Village Gorai or Village Dahisar. These Villages were
subsequently dealt with under Part IV of Schedule A to the Greater
Bombay Declaration of Limits Act. The Tribunal, according to him,
failed to properly consider this position.
14.He submitted that the Notification dated 1 August 1956
applied only to the Villages mentioned in Parts II and III of
Schedule A to the Greater Bombay Declaration of Limits Act.
According to him, it did not apply to the 34 Villages which were
subsequently mentioned in Part IV of Schedule A to the Greater
7
wp-6893-2019 with wp-11004-2016-j.doc
Bombay Declaration of Limits Act, 1945.
15.Mr. Abhyankar then drew my attention to the Order passed
by the learned Tehsildar, Borivali, in Tenancy Case No. 1 of 1976
under Section 70(b) of the Bombay Tenancy and Agricultural
Lands Act. He submitted that, in paragraph 5 of that Order, the
learned Tehsildar had recorded that the Petitioners had produced
the original rent receipts for the period from 1922 to 1972-1973.
The Petitioners had proved the signatures appearing on those
receipts. According to Mr. Abhyankar, the opponents had admitted
that the signatures appearing on the rent receipts were genuine.
16.Mr. Abhyankar submitted that the learned Tehsildar had
recorded a finding that Late Domnic Farreira had recognised
Francis D'Mello as his tenant. He submitted that the rent receipts
dated 30 July 1922, 10 July 1923, 10 June 1924 and 14 June 1925
showed that Late Domnic Farreira had accepted rent from Francis
D'Mello. According to him, these documents supported the case of
the Petitioners regarding the existence of the tenancy.
17.Mr. Abhyankar submitted that, after considering this
material, the learned Tehsildar, Borivali, passed the Order dated 31
May 1976 under Section 70(b) of the BT & AL Act and declared
the Petitioners to be tenants in respect of the suit property.
According to him, this finding regarding the tenancy had been
recorded by the competent authority on the basis of the documents
and material produced before it.
18.He submitted that the inquiry under Section 32-G of the BT
& AL Act has a limited purpose. According to him, in such
8
wp-6893-2019 with wp-11004-2016-j.doc
proceedings, the Authority is required to consider whether the
tenant is willing to purchase the land and determine the purchase
price in accordance with the provisions of law. It is not open in
such proceedings to reopen an issue which had been decided by
the competent Authority. In support of this submission, Mr.
Abhyankar relied upon the Judgment of this Court in
Mahadeo
Nathaji Newase vs. Shankar Kirshna Varpe (deceased) & Ors.,
2005
(2) ALL MR 766. He relied upon the Judgment of this Court in
Bhimrao Hanmant Patil, since deceased by his L.Rs. Ramrao
Bhimrao Patil and others vs. Nagnath Santoba Bubane and
another,
2001 (1) Mh.L.J. 232.
19.Mr. Abhyankar relied upon the Judgment of this Court in
Veekaylal Investment Co. Pvt. Ltd., Mumbai vs. Bhalchandra D.
Patil and others,
2019 (4) Mh.L.J. 459. He submitted that,
according to the said Judgment, the expression "Greater Bombay"
used in Section 2(2) of the relevant Act, for the purpose of Section
43-C of the BT & AL Act, cannot be treated as including the
Villages mentioned in Part IV of Schedule A to the Greater Bombay
Laws and the Bombay High Court (Declaration of Limits) Act,
1945. According to him, this Judgment supports the Petitioners'
case that Village Gorai cannot be treated as part of Greater
Bombay for the purpose of Section 43-C of the Tenancy Act.
20.Per contra, Mr. Anturkar, learned Senior Advocate appearing
for Respondent Nos. 10 and 13 in Writ Petition No. 6893 of 2019,
opposed the submissions made on behalf of the Petitioners. He
submitted that the Notification dated 1 August 1956 was issued by
the State Government and was published in Part IV-B of the
9
wp-6893-2019 with wp-11004-2016-j.doc
Bombay Government Gazette on 9 August 1956. He referred to the
Notification dated 29 December 1957, which was issued before 1
April 1957. According to him, by the said Notification, the State
Government had specified certain areas mentioned in the Schedule
attached to it as areas reserved for non-agricultural and industrial
development.
21.Mr. Anturkar then referred to Section 2(2) of the BT & AL
Act. He submitted that where any word or expression is used in the
Act but is not defined in the Act, its meaning has to be taken from
the Bombay Land Revenue Code or the Transfer of Property Act,
1882, as the case may be. He submitted that neither the Transfer
of Property Act, 1882 nor the Bombay Land Revenue Code
contains a definition of the expression "Greater Bombay".
Therefore, according to him, the provisions of the Central General
Clauses Act would have to be considered. He submitted that, for
understanding what is meant by "Greater Bombay", the definition
contained in the Mumbai Municipal Corporation Act should be
taken into consideration.
22.Mr. Anturkar submitted that an important question in the
present matter is whether the Petitioners were tenants as on 1
April 1957. According to him, this was an issue which had to be
considered and decided by the Authorities under the Tenancy Act.
He therefore submitted that the Petitioners could not proceed on
the assumption that their status as tenants was sufficient to decide
the other issues arising in the proceedings.
10
wp-6893-2019 with wp-11004-2016-j.doc
23.The Petitioners and the Respondents in the connected
Petitions adopted the submissions made by the Petitioners and the
Respondents, respectively, in the lead Writ Petition No. 6893 of
2019.
REASONS AND ANALYSIS:
24.I have considered the pleadings and submissions made by
both sides, the orders passed by the learned Sub-Divisional Officer
and the Maharashtra Revenue Tribunal, and the judgments relied
upon by both sides. The main question which arises for
consideration is whether the land situated at Village Gorai could
be treated as part of Greater Bombay for the purpose of Section
43-C of the Bombay Tenancy and Agricultural Lands Act, 1948. If it
is treated as part of Greater Bombay for that purpose, Sections 32
to 32-R would not apply and the Petitioners would lose the benefit
claimed by them under Section 32-G. From the order of the
Tribunal, it appears that the Tribunal accepted the reasoning of the
learned Sub-Divisional Officer on the basis of the Notification
dated 1 August 1956 and the judgment relating to Village Dahisar.
The Tribunal proceeded on the basis that the reasoning relating to
Dahisar could apply to Village Gorai since both villages were
amongst the 34 villages mentioned in Part IV of Schedule A.
25.There is no serious dispute about the earlier proceedings
relating to the tenancy of the Petitioners. The Petitioners and
Respondent Nos. 1 to 8 were declared to be tenants by the learned
Tehsildar and Agricultural Lands Tribunal, Borivali, by order dated
31 May 1976 under Section 70(b) of the Act. That order was
11
wp-6893-2019 with wp-11004-2016-j.doc
challenged before the learned Sub-Divisional Officer. The challenge
was dismissed and the order of the Tehsildar was confirmed on 11
May 1977., the said order was not challenged further. The finding
that the Petitioners were tenants had therefore become final. This
is important because, when the proceedings under Section 32-G
were later taken up, a question which had been decided between
the parties could not be opened again.
26.The record shows that, after the tenancy order became final,
the Petitioners and Respondent Nos. 1 to 8 approached the learned
Tehsildar for fixing the purchase price under Section 32-G. The
learned Tehsildar fixed the purchase price by order dated 2
September 2009. The Petitioners and Respondent Nos. 1 to 8 paid
the purchase price so fixed. Respondent Nos. 8 to 12 challenged
that order before the learned Sub-Divisional Officer. The Appeal
was allowed and the order dated 2 September 2009 was set aside.
The Section 32-M certificate was cancelled. In the operative part of
the order, the learned Sub-Divisional Officer directed that the
order passed by the Tehsildar be quashed and set aside and that
the certificate dated 8 November 2010 be cancelled.
27.The first question is whether the learned Sub-Divisional
Officer and the learned Member of the Maharashtra Revenue
Tribunal were correct in holding that Village Gorai was outside the
operation of the relevant provisions of the Tenancy Act because it
was treated as part of Greater Bombay. In my view, this question
has to be answered in favour of the Petitioners.
12
wp-6893-2019 with wp-11004-2016-j.doc
28.Section 43-C has to be read along with Part IV of Schedule A
to the Greater Bombay Laws and the Bombay High Court
(Declaration of Limits) Act, 1945. Part IV contains the names of 34
villages of the then Thana District. Village Dahisar and Village
Gorai are included in that Part. There is a specific proviso attached
to Part IV. The said proviso provides as follows:
“Provided that for the purpose of Section 43-C of the
Bombay Tenancy and Agricultural Lands Act, 1948 (Bom.
LXVII of 1948), the expression “Greater Bombay” in the said
section shall not be deemed to include the villages specified
in Part-IV of this Schedule.”
29.This provision has a clear meaning. It is a specific direction
given by the legislature. For the purpose of Section 43-C, the
expression "Greater Bombay" shall not include the villages
mentioned in Part IV. Village Gorai is one of those villages.
Therefore, while considering Section 43-C, Village Gorai has to be
considered in the light of this specific proviso.
30.The learned Sub-Divisional Officer proceeded on a different
basis. He relied upon the Notification dated 3 January 1957 by
which the limits of the Municipal Corporation of Greater Bombay
were extended with effect from 1 February 1957. On that basis, he
held that Village Gorai had come within Greater Bombay. He then
relied upon the Notification dated 1 August 1956 and concluded
that the lands situated at Gorai were excluded from the operation
of Sections 1 to 87 of the Tenancy Act. The learned Sub-Divisional
Officer recorded the conclusion that “Village Gorai thus been part
of the Greater Bombay is exempted from Operation of Section 1 to
87 of the Act.”
13
wp-6893-2019 with wp-11004-2016-j.doc
31.In my view, this reasoning does not consider the special
position given by law to the 34 villages mentioned in Part IV.
32.It may be that the expression "Greater Bombay" has a general
meaning for some other purposes. But that is not the question
which is required to be decided here. The question is what is the
position for the particular purpose of Section 43-C of the Tenancy
Act. For that purpose, the legislature has provided that the villages
mentioned in Part IV shall not be deemed to be included in Greater
Bombay. Therefore, even if Village Gorai was included within the
larger municipal limits for some other purpose, that fact by cannot
remove the specific proviso contained in Part IV.
33.This aspect was considered by this Court in Veekaylal
Investment Co. Pvt. Ltd. In paragraph 82 of that judgment, this
Court considered Part IV of Schedule A along with Section 2(2) of
the Greater Bombay Declaration of Limits Act and held:
“In my view, in view of proviso to Part IV to Schedule A of
the said Act, for the purpose of section 43-C of the MTAL Act,
the expression “Greater Bombay” in the said section shall not
be deemed to include the villages specified in Part IV of the
said schedule. It is thus clear that in view of the said proviso
to Part IV of the said Act, the expression “Greater Bombay”
would not include those 34 villages including the village
Dahisar.”
34.The Court considered the effect of this position in paragraph
83. It held that when Section 43-C is read together with Part IV of
Schedule A and the definition of Greater Bombay, Sections 31 to
32-R would apply to the said 34 villages, including Village Dahisar.
This judgment therefore supports the case of the Petitioners.
14
wp-6893-2019 with wp-11004-2016-j.doc
35.The learned Sub-Divisional Officer had relied upon the
judgment of this court relating to Village Dahisar. The Tribunal
relied upon the same judgment. However, the later decision in
Veekaylal explains the effect of Part IV and its proviso. The
submission of the Petitioners is supported by the statutory words
as well as by the reasoning adopted in
Veekaylal. The Petitioners
are not asking the Court to create a new right or exemption. They
are asking that the specific proviso made by the legislature for the
purpose of Section 43-C should be given its proper effect.
36.The difference between the general municipal limits and the
special position under Section 43-C is important. The learned Sub-
Divisional Officer appears to have proceeded as if the expression
"Greater Bombay" must have the same effect for every purpose.
Such a view cannot be accepted when the statute has made a
special provision for Section 43-C.
37.Section 2(21) of the Tenancy Act requires consideration in
this connection. It provides:
“words and expressions used in this Act but not defined shall
have the meaning assigned to them in the Bombay Land
Revenue Code, 1879 (Bom V of 1879), and the Transfer of
Property Act, 1882 (IV of 1882), as the case may be.”
38.Mr. Anturkar, learned Senior Advocate, submitted that
neither the Transfer of Property Act nor the Bombay Land Revenue
Code defines the expression "Greater Bombay". According to him,
therefore, the definition under the municipal law and the General
Clauses legislation should be considered. This submission may
have some force if the Court was required only to find the general
15
wp-6893-2019 with wp-11004-2016-j.doc
meaning of the expression "Greater Bombay". But that is not the
exact question arising here. There is a specific proviso in Part IV
which says that, for the purpose of Section 43-C, the expression
"Greater Bombay" shall not be deemed to include the 34 villages
mentioned in Part IV. Once such a specific provision is there, it has
to be given effect to. A general definition cannot be used in a way
by which the specific proviso becomes without meaning.
39.There is another reason why the Petitioners have to succeed.
The proceedings under Section 32-G were not the proper
proceedings in which the tenancy of the Petitioners could again be
opened for consideration. The earlier order under Section 70(b)
had declared the Petitioners to be tenants. That order was
confirmed in appeal in 1977. No challenge was made to that order.
Therefore, the question regarding the tenancy had come to an end
between the parties.
40.The principle laid down by this Court in Mahadeo Nathaji
Newase, is applicable. In that case, the tenant's status had been
decided in earlier proceedings under Section 70(b). The decision
had become final. Later, when proceedings under Section 32-G
were taken for fixing the purchase price, the Tribunal again
opened the question of tenancy. This Court held:
“The Tenancy Authority while considering application under
section 32-G of the Act for determining the purchase price of
the suit lands, was obviously bound by the said finding and
that finding would equally bind the parties to the
proceedings.”
41.The Court held:
16
wp-6893-2019 with wp-11004-2016-j.doc
“It was, therefore, not open to the Tribunal to permit the
respondents to question the title of the petitioner as tenant
in respect of the suit lands, which was concluded in the
earlier round of litigation under section 70(b) of the Act.”
42.The Court restored the orders passed by the authorities
below determining the purchase price.
43.The same principle was applied by this Court in Bhimrao
Hanmant Patil
. In that case, the earlier finding that the petitioner
had become a deemed purchaser had become final. The Court held
that the Tribunal had exceeded its revisional jurisdiction by again
deciding that issue. The Court observed:
“Accordingly, the only issue that could have been examined
by the Courts below in the present round of litigation was
regarding fixation of the purchase price and nothing more.”44.The Court held that the Tribunal could not decide the whole
matter again without being bound by the earlier decision which
had become final.
45.The reasoning in these two judgments applies to the present
case. Here, the tenancy of the Petitioners was not being claimed
for the first time in the Section 32-G proceedings. Their tenancy
had been declared by the competent Tenancy Authority in 1976.
That order was confirmed in 1977 and no challenge was made.
Therefore, unless that order was set aside in proper proceedings,
the authorities dealing with the Section 32-G proceedings were
required to proceed on the basis that the Petitioners were tenants.
46.The learned Sub-Divisional Officer considered several other
objections. It was submitted that the Petitioners had not given the
17
wp-6893-2019 with wp-11004-2016-j.doc
required intimation under Section 32-F(1A). It was submitted that
the mandatory provisions of the Act and Rules had not been
followed and that the statement required under Section 32-G(2)
had not been properly recorded. Objections regarding the revenue
entries, possession and cultivation were raised. These objections
are found in the order of the learned Sub-Divisional Officer.
47.I have considered these submissions. However, they cannot
be used in the manner in which they have been used for cancelling
the whole Section 32-G proceeding.
48.The first difficulty is that the foundation of the order is not
correct. If Village Gorai is not excluded from the operation of
Sections 32 to 32-R for the purpose of Section 43-C, then the
Section 32-G proceeding cannot be rejected merely by saying that
the Tenancy Act did not apply to the land. The main reason given
by the learned Sub-Divisional Officer and accepted by the Tribunal
therefore cannot remain.
49.The second difficulty is that the question whether the
Petitioners were tenants had been decided. The learned Sub-
Divisional Officer noticed the earlier order declaring the
Petitioners' predecessors to be tenants, but still proceeded to
consider whether the Petitioners had acquired the right to
purchase. The Maharashtra Revenue Tribunal accepted the
reasoning of the learned Sub-Divisional Officer and held that the
Tenancy Act did not apply to the suit land. The Tribunal rejected
the Revision Petition and confirmed the order of the learned Sub-
Divisional Officer.
18
wp-6893-2019 with wp-11004-2016-j.doc
50.The third difficulty is that the objections regarding procedure
in the Section 32-G proceedings have to be considered in the
correct legal position. Such objections cannot be used for
reopening the tenancy finding which had become final. The
judgments in
Mahadeo Nathaji Newase and Bhimrao Hanmant
Patil
make this position clear. The later proceeding does not give
the Tribunal a larger power to decide again an issue which had
been finally decided.
51.The submission that the Petitioners had not given notice
under Section 32-F(1A) does not change the result on the material
available. The Respondents had allowed the tenancy declaration to
become final. The subsequent proceeding was for fixation of the
purchase price. Therefore, the authorities were required to proceed
on the basis of the existing finding of tenancy and decide the
matter according to the provisions applicable to the land. The
Section 32-G proceeding could not be treated as if it was the first
proceeding in which the Petitioners were required to prove that
they were tenants.
52.The same position applies to the objection regarding the
7/12 entries and possession. The learned Sub-Divisional Officer
relied upon entries showing the names of other persons and
observed that the Petitioners were not shown to be in possession
on Tiller's Day. But the question, whether the Petitioners were
tenants had been decided in the Section 70(b) proceedings. A later
authority could not rely upon a revenue entry to reopen that issue
which had been decide.
19
wp-6893-2019 with wp-11004-2016-j.doc
53.There is an important difference between the effect of the
Notification dated 1 August 1956 and the later extension of the
municipal limits. The learned Sub-Divisional Officer proceeded as
if, once Gorai came within the municipal limits, Sections 1 to 87 of
the Tenancy Act automatically stopped applying. Such a conclusion
does not give proper importance to Section 43-C and the proviso to
Part IV. The position cannot be decided only by looking at the
geographical limits of Greater Bombay. For the purpose of Section
43-C, the legislature has said that the 34 villages mentioned in Part
IV are not to be treated as included in Greater Bombay.
54.The submission of Mr. Anturkar based upon the Notification
dated 29 December 1957 and the areas reserved for non-
agricultural and industrial development does not change the
position. A notification regarding particular areas or development
cannot take away the specific effect of the proviso in Part IV unless
there is some provision in law which permits such result. No such
provision has been shown.
55.It was submitted that the question, whether the Petitioners
were tenants as on 1 April 1957 was required to be decided by the
Tenancy Authorities. There is no difficulty with this proposition as
a general statement. But in the present case that question had
been decided by holding that the Petitioners had produced the
original rent receipts for the period from 1922 to 1972-1973. The
Petitioners had proved the signatures appearing on those receipts.
The Tehsildar had declared the Petitioners to be tenants, the
appellate authority had confirmed that finding, and the order had
become final. Therefore, that question was not remaining open for
20
wp-6893-2019 with wp-11004-2016-j.doc
a fresh decision in the Section 32-G proceedings.
56.The Tribunal, instead of properly examining the proviso to
Part IV and the effect of the earlier final order regarding tenancy,
substantially accepted the reasoning of the learned Sub-Divisional
Officer. It held that the provisions of the Tenancy Act did not apply
to the suit land. In doing so, the Tribunal failed to give proper
effect to the statutory words and failed to consider the settled
principle that an issue finally decided cannot be reopened in the
later Section 32-G proceeding.
57.For these reasons, the impugned orders cannot be sustained.
58.In view of the foregoing discussion, and upon overall
assessment of the material record, the following order is passed:
i) The Writ Petitions are allowed;
ii) The Judgment and Order dated 25 February 2016
passed by the learned Member (Administrative),
Maharashtra Revenue Tribunal, Mumbai, in Revision Petition
No. TNC-REV/283/B of 2011 is quashed and set aside;
iii) The Judgment and Order dated 16 May 2011 passed
by the learned Sub-Divisional Officer, M.S.D., Mumbai, in
Appeal No. 4 of 2010 is quashed and set aside;
iv) The Order dated 2 September 2009 passed by the
learned Tehsildar and Agricultural Lands Tribunal, Borivali,
in Tenancy Case No. 3 of 2005, fixing the purchase price
under Section 32-G of the Bombay Tenancy and Agricultural
Lands Act, 1948, is restored;
21
wp-6893-2019 with wp-11004-2016-j.doc
v) The consequential Section 32-M certificate dated 8
November 2010 shall stand restored, subject to verification
by the competent Tenancy Authority of the statutory
requirements and the payments made by the Petitioners and
the other concerned tenants;
vi) The parties shall act on an authenticated copy of this
order;
vii) The Writ Petitions are accordingly disposed of in the
above terms.
viii) There shall be no order as to costs.
(AMIT BORKAR, J.)
22
The High Court of Judicature at Bombay recently delivered a significant judgment concerning the intricate application of the Bombay Tenancy and Agricultural Lands Act, 1948, particularly in the context of areas within the geographical limits of the Greater Bombay Declaration of Limits Act, 1945. This ruling, now available on CaseOn, resolves a long-standing dispute over tenancy rights in Village Gorai, highlighting critical principles of statutory interpretation and the finality of adjudications.
The case stemmed from a challenge against orders by the Maharashtra Revenue Tribunal (MRT) and the Sub-Divisional Officer (SDO) that had set aside a Tehsildar's decision to determine the purchase price of agricultural land in Village Gorai for tenants. The central contention revolved around whether Village Gorai, despite being brought within wider municipal limits, remained subject to the beneficial provisions of the Tenancy Act, particularly Sections 32 to 32-R, due to a specific statutory proviso.
The primary issues for the High Court's consideration were twofold:
The High Court's decision was anchored in a careful examination of several key legal provisions and established judicial precedents:
The High Court critically assessed the reasoning of the Sub-Divisional Officer (SDO) and the Maharashtra Revenue Tribunal (MRT), finding fundamental flaws in their approach. Both authorities had incorrectly concluded that Village Gorai was exempt from the operation of the Tenancy Act by treating it as part of "Greater Bombay" based on general municipal limits extensions (1956/1957 Notifications).
The High Court emphasized that the SDO and MRT failed to give proper effect to the specific proviso to Part IV of Schedule A of the Greater Bombay Declaration of Limits Act, 1945. This proviso, a clear legislative directive, explicitly states that for the purpose of Section 43-C of the BT & AL Act, the expression "Greater Bombay" *shall not* include the villages listed in Part IV, which unequivocally includes Village Gorai. Therefore, despite any general inclusion within wider municipal boundaries, for the specific purpose of tenancy rights under Section 43-C, Village Gorai retained its distinct status, allowing the application of Sections 32 to 32-R.
The Court drew strong support from its earlier decision in Veekaylal Investment Co. Pvt. Ltd., which had similarly clarified that the 34 villages in Part IV, including Dahisar (a village parallel to Gorai in this context), are not to be deemed part of "Greater Bombay" for Section 43-C. This means the beneficial provisions of the Tenancy Act, allowing tenants to purchase land, *do* apply to Village Gorai.
Furthermore, the High Court strongly reaffirmed the principle of finality in legal proceedings. It noted that the Petitioners' tenancy status had been conclusively determined by the Tehsildar's order in 1976 under Section 70(b), a decision that was confirmed on appeal in 1977 and was not challenged further. This finding, therefore, became final and binding between the parties. The subsequent Section 32-G proceedings, aimed solely at fixing the purchase price, were not the appropriate forum to reopen or question the already established fact of tenancy. The SDO and MRT erred by delving into this settled issue, exceeding their jurisdiction and the scope of Section 32-G.
The Court also dismissed other procedural objections raised by the Respondents, such as the absence of a notice under Section 32-F(1A) or disputes over 7/12 entries and possession on Tiller's Day. It held that these objections could not justify setting aside the entire 32-G proceedings or re-litigating a tenancy issue that had already achieved finality. The Court maintained that the authorities were bound to proceed on the basis of the existing finding of tenancy.
Legal professionals can gain quick insights into the nuances of this ruling through CaseOn.in's 2-minute audio briefs, which distill complex judgments like this into actionable summaries, perfect for staying updated on land law and tenancy matters.
In light of its comprehensive analysis, the High Court allowed the Writ Petitions. It:
This ruling reinforces the importance of specific statutory provisos in interpreting geographical definitions for the application of laws and upholds the principle that issues finally decided in earlier proceedings cannot be re-litigated in subsequent, narrower proceedings.
This judgment serves as a crucial reference for anyone dealing with land laws, particularly the Bombay Tenancy and Agricultural Lands Act. For lawyers, it clarifies the precise interpretation of "Greater Bombay" in the context of Section 43-C, emphasizing that general municipal boundary extensions do not override specific legislative provisos designed to preserve tenancy rights in certain villages. It also provides a strong precedent on the finality of findings in administrative proceedings, preventing the re-opening of settled tenancy issues in subsequent purchase price determination processes. Students will find it an excellent case study on statutory interpretation, the doctrine of res judicata (or issue estoppel in administrative law), and the proper scope of powers for different adjudicating authorities in land disputes. Understanding this case is vital for grasping the nuances of tenancy legislation and property rights in Maharashtra.
All information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers are advised to consult with a qualified legal professional for specific legal guidance pertaining to their individual circumstances. CaseOn assumes no liability for any actions taken or not taken based on the content of this article.
Legal Notes
Add a Note....