- (1.) THE petitioners of these two writ petitions are owners of certain lands mentioned in their respective petitions situated in Malsbiras Taluka of Solapur District. The petitioners had originally leased out their lands to Saswad Mali Sugar Factory Ltd. , Mali Nagar, Malsbiras, for the purpose of growing sugarcane. According to the petitioners of Writ Petition No. 2255 of 1988, the said Saswad Mali Sugar Factory Ltd. , the lessees, were permitted to sub-lease and had granted sub-lease of the said lands in favour of Saswad Mali Sahakari Karkhana at Mali Nagar. According to the petitioner of Writ Petition No. 2068 of 1979, the Respondent No. 2, the Sugar Factory, had subleased the lands in favour of others mentioned in the petition. The said Respondent No. 2 had leased out the entire factory, machinery etc. , to the Respondent No. 3 Saswad Mali Sahakari Sakhar Karkhana.
(2.) SECTION 88 (1) of the Bombay Tenancy and Agricultural Lands Act 1948, as originally enacted, totally excluded the application of the said Act to lands held on lease for the benefit of an industrial or commercial undertakings. Section 30 of Bombay Act No. 13 of 1966 had, inter alia, amended the Bombay Tenancy and Agricultural Lands Act, 1948, by inserting section 43-A in the principal Act. The said amending Act 13 of 1966 had also substituted the original section 88 of the principal Act.
(3.) SECTION 43-A of the Bombay Tenancy and Agricultural Lands Act, 1948, is in the following terms:--- "43-A. (1) The provisions of sections 4-B, 8, 9, 9-A, 9-B, 9-C, 10, 10-A, 14, 16, 17-A, 17-B, 18, 27, 31 to 31-D (both inclusive), 32 to 32-R (both inclusive), 33-A, 33-B, 33-C, 43, 63, 63-A, 64 and 65 shall not apply to--- (a) lands leased to or held by any industrial or commercial undertaking (other than a Co-operative Society) which in the opinion of the State Government bona fide carried on any industrial or commercial operation and which is approved by the State Government; (b) lease of land granted to any bodies or persons other than those mentioned in clause (a) for the cultivation of sugarcane or the growing of fruits or flowers or for the breeding of livestock; (c) lands held or leased by such co-operative societies as are approved, in the prescribed manner, by the State Government which have for their objects the improvement of the economic and social conditions of presents or ensuring the full and efficient use of land for agriculture and allied pursuits. (2) The State Government may by notification in the Official Gazette, on this behalf direct that the provisions of the said sections shall not apply to a lease of land obtained by any person for growing any other class of agricultural produce to which it is satisfied that it will not be expedient in the public interest to apply the said provisions. Before the issue of such notification, the State Government shall direct an inquiry to be made an officer authorised in this behalf by the State Government and shall give all persons who are likely to be affected by such notification, an opportunity to submit their objections. (3) Notwithstanding anything contained in sub-sections (1) and (2) it shall be lawful for the State Government to direct, by notification in the Official Gazette, that the leases of lands, as the case may be to which the provisions of sub-sections (1) and (2) apply, shall be subject to such conditions as may be specified in the notification, in respect of--- (a) the duration of the lease; (b) the improvements to be made on the land and the formation of co-operative farming societies for that purpose and financial assistance to such societies; (c) the payment of land revenue, irrigation case, local fund case and any other charges payable to the State Government or any local authority; or (d) any other matter referred to in sections mentioned in sub-section (1 ). ";