JAIKUMARI AMARBAHADURSINGH Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
STATE OF MAHARASHTRA, THROUGH THE SECRETARY, REVENUE AND FOREST DEPTT.
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(1.) IN all these matters, overlapping issues have been raised by the respective Petitioners, for which reason, by consent, the same were heard together and are being disposed of by this common Judgment.
(2.) THESE matters broadly form two groups. One group pertains to land from erstwhile Central Provinces area (i. e. Nagpur, bhandara, Gondia, Wardha and Chandrapur ). The second group is in relation to lands from erstwhile Berar area (i. e. Amravati, Akola. Washim, Buldhana and Yeotmal ). In most of the Petitions, it is asserted that the land in question is Nazul land. In other words, only in few matters the land in question may be a non-Nazul land. Nevertheless, the issue that needs to be addressed in all these matters is common. The term Nazul land as observed by the Apex court in Narain Prasad Aggarwal Vs. State of M. P. reported in (2007) 11 SCC 736: [2008 all SCR 35] means land or buildings in or near towns or villages which have escheated to the Government; property escheated or lapsed to State; commonly applied to any land or house property belonging to the Government either as an escheat or as having belonged to a former government. As per Revenue Book Circular section 4, Nazul Land is a land which has "site value" as opposed to "agricultural Value". It further states that it is plots under building whether Government or Private encompassing grounds, parks, plots as used as building markets Symmetric, Potential building sites and lands likely to be needed for public purposes in near future. Nazul will also include the government plots occupied by or vested in local bodies for schools, sarias, pounds, market.
(3.) INSOFAR as the matters pertaining to the Central Provinces Area, those matters can be further sub-divided into two groups. In the first group of cases, the Petitioners assert that the land in question was allotted to them and/or their predecessors pursuant to a Lease deed executed by the competent Authority. In the second group of cases, it is asserted that no Lease Deed was either executed and/or is available.;
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