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

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

Case: Western Coalfields Limited v. Tahsildar, Kamptee and Ors.

Coram: Justice Manish Pitale

Case No.: Writ Petition No. 3583 Of 2021

Court Observation: “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.”

“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”

“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”

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Keywords

Maha Land Revenue Code