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february 1951

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.

FATMA HAJI ALl MOHAMMAD HAJIAND OTHERS vs THE STATE OF BOMBAY. · Niyam