TMI Blog1997 (9) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... y bearing Survey No. 188/1 admeasures 15,950 sq. metres and Survey No. 188/4 admeasures 1500 sq. metres, in area, out of which 900 sq. metres and 200 sq. metres, respectively, are shown as uncultivable area being occupied by the houses. On receipt of report from the Mamlatdar of Ponda, dated 29-7-1988 that on an area of 2640 sq. metres in the property bearing Survey No. 188/1 some construction work was going on, the Dy. Collector, Ponda issued notices dated 3-8-1988 to the respondents Nos. 1 and 2 informing that there was unauthorised use of agricultural land to non-agricultural purpose in contravention of sections 30 and 32 of the land revenue code in regard to Survey No. 188/1 of Ponda, without obtaining prior permission for such change ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Respondent Administrative Tribunal, which was allowed by impugned order dated 1-6-1995 and order of the Dy. Collector, Ponda was quashed and set aside. 4. Though various arguments were advanced in support of the order of the Dy. Collector and against the impugned order by the learned Government Advocate, as well as in support of the impugned order and as against the order of Dy. Collector by the learned Advocate appearing for the respondent No. 2 herein, the records clearly disclose that the Dy. Collector while passing the order dated 18-10-1988 proceeded on the presumption that all lands are agricultural lands, unless they are classified as non-agricultural by order of Government or converted for non-agricultural purpose w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in question. It is, therefore, necessary for the fact-finding authority to call upon the concerned parties to produce all materials before it decides about the nature of land in question and then on proper analysis of the said materials to arrive at the finding regarding the nature of the land as it existed prior to commencement of the construction by the respondent No. 2 which was reported to the Dy. Collector by the Mamlatdar of Ponda by its communication dated 29-7-1988. If the Dy. Collector finds that the land which is used for construction by the respondent No. 2 was of the nature of agricultural land, only then the question of conversion thereof for construction on other activities could arise. However, before arriving at any finding, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication for conversion, including the point regarding nature of the land in question and particularly, in relation to the area where the actual construction has been carried out and which was intimated to it by the Mamlatdar by its letter dated 29-7-1988. 8. At this stage, it would not be out of place to refer to the judgment of the Apex Court in the matter of (Malankara Rubber and Produce Co. Ltd. v. State of Kerala)1, (1972) 2 SCC 492 : A.I.R 1972 S.C 2027. No doubt that the facts of the said case are different from those of the case in hand. However, it is worth reproducing certain observations in the said judgment of the Apex Court which were though reproduced by the Administrative Tribunal in its judgment, but were not applied in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the limits of Municipal area, merely because some agricultural operations are carried on therein, it would not, by itself, make it agricultural land. This is more so in view of the fact that the Land Revenue Code itself does not define the term agricultural land or non-agricultural land . 10. Though various points are sought to be raised in this petition, it would be premature to decide the same without proper decision on the basic question by the fact-finding authority by analysing all the materials which may be placed before the same by the concerned parties. It is necessary to have the issue relating to the nature of land properly decided on the basis of all such evidence. In this view of the matter, it is necessary to leave all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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