Supreme Court of India · 1951-02-05
FATMA HAJI ALl MOHAMMAD HAJIAND OTHERS vs THE STATE OF BOMBAY.
- Citation / case number
- SC 1950/16
- Court
- Supreme Court of India
- Petitioner
- FATMA HAJI ALl MOHAMMAD HAJIAND OTHERS
- Respondent
- THE STATE OF BOMBAY.
- Bench
- MAHAJAN, MEHR CHAND
Judgment text excerpt
The Supreme Court ruled that Rule 92 of the Bombay Land Revenue Code, 1879, mandates the Collector to alter the assessment of agricultural land used for non-agricultural purposes unless explicitly directed otherwise by the Government. The Court held that mere confirmation of the Collector's order by the Government does not constitute a valid direction to refrain from altering the assessment. Consequently, the applicant was entitled to have the assessment altered under Section 48(2) of the Code, as the Government failed to provide clear directions as required by the rule.