S.155 Maha Land Revenue Code | Tehsildar Can Correct Revenue Records During Pendency Of Acquisition Proceedings: High Court

"The proceedings before the Tahsildar under Section 155 of the Code are clearly independent proceedings and if they aid in determining just and fair compensation to land owners, then it cannot be said that the proceedings could not have been initiated or the orders passed by the Tahsildar deserved to be set aside, merely because proceedings pertaining to the determination of quantum of compensation are pending before this Court", the court observed.

Justice Manish Pitale was dealing with a writ petition filed by Western Coalfields Limited (WCL) challenging Tehsildar's order to correct land revenue record on grounds of lack of jurisdiction.

WCL had acquired lands from several landowners for the purpose of opening coal mines. The lands were recorded as non-irrigated lands in the revenue record. The land owners filed applications and submitted documents under Section 155 of the Maharashtra Land Revenue Code before the Tehsildar for correction of the entry to irrigated lands. Tehsildar directed the record to be corrected.

WCL challenged this decision before the High Court and the matter was remanded back to the Tehsildar for fresh consideration granting opportunity to all the concerned parties. After hearing WCL, the Tehsildar determined that no alteration was required in the original order. WCL challenged this decision before the High Court.

Advocate C. S. Samudra for WCL submitted that the Tehsildar had no jurisdiction since once the lands were acquired by WCL, the revenue authorities under the Code had no power to deal with any aspect pertaining to the lands. Section 155 of the Code is for clerical errors and not substantial corrections in the status of the land from non-irrigated to irrigated which will affect amount of compensation payable to the land-owners.

Senior Counsel M. G. Bhangde, Advocate S. C. Mehadia, and Advocate O. W. Gupta, for the land owners submitted that the Tehsildar had jurisdiction under Section 155 of the Code as any error, clerical or otherwise, can be corrected subject to notice to the relevant parties. Further, WCL could not challenge the Tehsildar's orders only in respect of the respondents while paying compensation to other similarly situated land owners on the basis of correction of revenue record. Power of the Tehsildar under Section 155 of the Code was independent of the proceedings filed by WCL on merits of amounts of compensation.

The court opined that the question in this matter was "whether the Revenue Officer under the aforesaid Code would cease to have any jurisdiction in respect of the said lands post acquisition and vesting"

The court perused section 155 of the Code and concluded that there is no limitation to a Revenue Officer exercising power under section 155. After inspecting the Tehsildar's orders and the documents placed on record, the court found that the decision of the Tehsildar was based on spot inspection of the lands.

"Even if the action of the Tahsildar could be said to have been triggered by the applications filed by the respondent – land owners, it can certainly be said that when spot inspection was conducted through the Talathi and report was received by the Tahsildar as Revenue Officer, error was noticed and power was exercised under Section 155 of the Code for carrying out correction", the court observed.

The court further observed that WCL was itself doubtful of the lands being recorded as non-irrigated lands in the revenue records. In such a case WCL cannot claim that the orders passed by the Tahsildar correcting error in the record, were without jurisdiction. The only requirement under section 155 is that the concerned parties are put to notice and their objections heard before an order of correction in the revenue record is passed.

"This Court is satisfied that after the matters were remanded on the ground that proper notice was not issued to the petitioner – WCL and thereafter, the Tahsildar considered the objections raised by the petitioner – WCL in detail, the impugned orders cannot be said to be without jurisdiction".

Since WCL chose not to raise objections against similar corrections to revenue record pertaining to other land owners, the Tehsildar's orders in the current case also should not be interfered with, the court held.

The court further held that the correctness of exercise of power and orders passed by the Tehsildar, cannot be analysed based on pending proceedings about to quantum of compensation. Those proceedings are to determine just and fair compensation to the land owners whereas the proceedings before the Tahsildar under Section 155 of the Code are independent proceedings.

Case no. – WRIT PETITION NO. 3583 OF 2021

Case title – Western Coalfields Limited v. Tahsildar, Kamptee and Ors.

Coram – Justice Manish Pitale

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