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february 1961

Supreme Court of India · 1961-02-03

THE STATE OF BOMBAY vs FAKIR UMAR DHANSE.

Citation / case number
SC 1957/60171
Court
Supreme Court of India
Petitioner
THE STATE OF BOMBAY
Respondent
FAKIR UMAR DHANSE.
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that under Section 66 of the Bombay Land Revenue Code, 1879, an occupant of unalienated land is entitled to use the land solely for agricultural purposes and cannot alter its use without prior permission from the Revenue Authorities. The Court affirmed that unauthorized construction leads to eviction, which entails the cessation of all rights over the land, including the removal of such structures. The High Court's ruling that the occupant retained ownership post-eviction was overturned, establishing that eviction results in the land being restored to its original agricultural purpose.

THE STATE OF BOMBAY vs FAKIR UMAR DHANSE. · Niyam