Supreme Court Annual Digest 2024: Land Laws

LAND LAWS - SUPREME COURT ANNUAL DIGEST 2024Tamil Nadu Town and Country Planning Act, 1972; Sections 36, 37, and 38 - Acquisition and release of land designated for public purposes - The suit land, originally shown in private ownership in the 1978 and 1981 Layout Plans, was reserved for "public purpose" under the Tamil Nadu Town and Country Planning Act. However, no acquisition proceedings or agreements were initiated within the statutory 3-year period prescribed by Section 38 of the Act. Consequently, the land was deemed released from reservation, and the original owner retained the right to transfer ownership. The planning authority failed to acquire the land within the stipulated time. Subsequent revisions in the Layout Plan in 2005 designated the land as a "mixed residential area." Thus, the appellants, as transferees, lawfully acquired the suit property without violating any statutory provisions or zoning restrictions. The First Appellate Court was correct in dismissing the suit. The Trial Court's and High Court's findings were set aside. Appeal allowed. Pradhan Babu and Ors. v. Nachimuthu Nagar Kudiyiruppor Nala Sangam, 2024 LiveLaw (SC) 1057Applicability of amendments made by the Kerala Conservation of Paddy Land and Wetland (Amendment) Act, 2018, to pending applications for converting paddy land to non-agricultural purposes. Whether the amendments, effective from December 30, 2017, would retrospectively affect applications filed before that date. The Court upheld the High Court's decision that the amended provisions would apply only to applications submitted after December 30, 2017. Applications filed before this date would be adjudicated under the unamended statutory framework. The Court clarified that the legal position established in Revenue Divisional Officer v. Jalaja Dileep, (2015) 11 SCC 597 regarding the conversion of paddy land, remained unaffected. The appeals were dismissed with the Court affirming the High Court's interpretation, emphasizing the prospective application of the 2018 Amendment Act. Tehsildar and Another v. Renjith George, 2024 LiveLaw (SC) 1052Section 4 and 54; Order XX Rule 18 CPC - Assam Land and Revenue Regulation, 1886; Section 97, 100 and 154(1)(e) - The Regulation, 1886, allows revenue authorities to undertake partition only when all co-sharers consent. In cases of dispute, jurisdiction shifts to civil courts. The High Court erroneously interpreted Section 154(1)(e), concluding civil courts lack jurisdiction when revenue authorities entertain a partition application. This view contradicts the statutory framework and judicial precedents emphasizing the civil court's role in resolving title disputes. The High Court erred in holding that the civil court lacked jurisdiction. Disputes involving title or possession must first be resolved by a competent civil court before revenue authorities can proceed with partition. Abdul Rejak Laskar v. Mafizur Rahman, 2024 LiveLaw (SC) 1043Section 4 and 54; Order XX Rule 18 CPC - Partition of Agricultural Lands - Section 54 of CPC mandates that the Collector handles partitions involving agricultural lands assessed to revenue. The Civil Court's role is limited to declaring rights and shares. The execution of partition, including delivery of possession, is solely within the Collector's domain. Abdul Rejak Laskar v. Mafizur Rahman, 2024 LiveLaw (SC) 1043Section 4 and 54; Order XX Rule 18 CPC - Partition - Practical Implications - The division by metes and bounds includes both the physical partition and handing over possession. Where statutory constraints, such as anti-fragmentation laws, apply, the Collector must adhere to them while effecting partition. Civil Courts lack jurisdiction to direct how the Collector should execute the partition but may address grievances if the Collector's actions contravene the decree. This analysis underscores the structured approach to partition suits, balancing judicial determinations with administrative execution, ensuring both equity among parties and adherence to revenue laws. Abdul Rejak Laskar v. Mafizur Rahman, 2024 LiveLaw (SC) 1043Section 4 and 54; Order XX Rule 18 CPC - Assam Land and Revenue Regulation, 1886; Section 154(1)(e) - Civil Court Jurisdiction - Jurisdiction of civil courts to determine title is not ousted by Section 154(1). The Supreme Court clarified that the jurisdiction of civil courts under Section 154(1)(e) is barred only when a suit for imperfect partition is maintainable under Section 97 of the Assam Land and Revenue Regulation, 1886. For such maintainability, two conditions must be met: (i) The party seeking partition must be in actual possession of the property in question. (ii) Co-sharers must be unwilling to consent to the partition. If these conditions are unmet, the civil court retains jurisdiction to adjudicate partition claims based on title as a co-owner. The Court emphasized that while revenue authorities have exclusive jurisdiction over perfect partition of...

Supreme Court Annual Digest 2024: Land Laws

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