​​​-Report by Shivansh Pratap Singh

The case MASUDEO RAMA KUSALKAR Vs THE STATE OF MAHARASHTRA AND OTHERS dated 6 February 2023 revolves around alleged misconduct while carving out a new revenue village, namely Joshi Vasthi.

Facts:

A petition is filled by a group of villagers seeking the quashing of orders for the creation of a new revenue village, Joshi Vasthi (pop. 2000-2500) from village Limpangaon. The respondents of the case are majorly the government officers inches (tehsildar, etc) who claim no major misconduct and adherence to the law of the land while the creation of the respective village is under purview.

Applicant’s Contention:

1. The impugned notification dated 07-11-2017 issued by Additional Collector(Ahmednagar) is contrary to law and provisions of section 4 of the Maharashtra Land Revenue Code,1966 and Section 24 of the Bombay General Clauses Act.
2. Further the declarations dated 23-08-2018 & 31-08-2018 are contrary to law.
3. The Petitioner seeks issuance of the writ of certiorari to quash notifications dated 07-11-2017 & 23-08-2018.
4. Claim that no publication seeking objections were made by the respective authority before
   06-12-2017.
5. Objections made thereafter were not considered.
6. The publication of notification was not given the required publicity as stated by Section 4 of the code.
7. The land under consideration is a forest area according to the 1992 notification.
8. According to the forest act,1980 in absence of no objection from the central government the action of carving out could not have been undertaken.

Respondent’s Contention:

1. Proposal for carving out Joshi Vasthi was received in 30-01-2015.
2. The provisional notification was published on 07-11-2017 declaring the carving out of Joshi Vasthi and objections were called up to 28-11-2017, the notification was published by the govt. Gazette, notice board of Tehsil Office, Shrigonda, Talahati office, etc.
3. Objections were received, duly discussed and dismissed following the relevant provisions contemplated under Section 4(1) and 4(4) with Section 24 of the General clauses act.
4. The final decision was taken in tune with section 4(4) of the Code.

Judgement:

1. After hearing the arguments from both sides respected judge reached the conclusion that according to the provisions of sections 4 and 24 a legit publication of intention for the carving of a new village, followed by reasonable time to raise objections and consideration of objections while following the principles of natural justice are the only requirements.
2. The draft notification dated 07-11-2017 has been published in accordance to section 4(4). The objections were accordingly called on 28-11-2017.
3. Evidence points towards that required publicity to the publication of the notification was provided.
4. Objections were received, stakeholders were granted the opportunity of being heard, and an enquiry was done on the directions of the sub-divisional officer, Shrigonda.
5. All the principles of natural justice were adhered to.
6. The area covered under the proposed Joshi Vasti is already part and parcel of the village panchayat so the impugned notification has not been impeded by any provisions of the forest act or the rules.
7. The writ petition is dismissed with no order as to costs.

READ FULL JUDGEMENT: https://bit.ly/3DOVkXA

CITATION: WP/11923/2018