Synopsis

The petitioners purchased agricultural land from tenants who had acquired ownership under a certificate issued by the Tribunal under Section 32M of the Maharashtra Tenancy and Agricultural Lands Act, 1948. The Tenancy Avval Karkun (Revenue Officer) forfeited the land to the government under Section 84C, holding that the transfer violated Section 43 which requires prior permission of the Collector for transfer of land purchased under certain provisions. The appellate authority (Sub-Divisional Officer) set aside the forfeiture and directed payment of nazrana (40 times land revenue) to regularise the transaction. The Maharashtra Revenue Tribunal, in revision, set aside the appellate order and confirmed the forfeiture. The Bombay High Court quashed the Tribunal’s order, holding that Section 43’s restriction on transfer applies only to lands purchased under the sections specifically enumerated therein (32, 32F, 32-I, 32-O, 33-C, 43-1D). Since the certificate was issued under Section 32M, which is not listed in Section 43, the restriction did not apply. Section 43-1D (relating to armed forces personnel) was also held inapplicable. Consequently, the transfer was valid and the impugned orders were set aside.

Court: High Court of Judicature at Bombay

Coram: Justice Siddheshwar S. Thombre

Date of Judgment: 2nd April 2026

Citation: Writ Petition No.10896 of 2019

Core Law: Maharashtra Tenancy and Agricultural Lands Act, 1948 – Sections 32M, 32G, 43, 43-1D, 84C

2. Legal Framework

Major laws and provisions involved

• Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 32G (determination of purchase price), Section 32M (certificate of purchase), Section 43 (restriction on transfer of land purchased under specified sections), Section 43-1D (right of tenant to purchase land from landlord who is or has been in armed forces), Section 84C (forfeiture for contravention)

Key legal principles applied

• Statutory restriction on transfer is exhaustive: Section 43 of the Act restricts transfer of land purchased under the sections specifically mentioned therein. It does not include Section 32M. Therefore, a transfer of land for which a certificate under Section 32M has been issued does not require prior sanction of the Collector under Section 43.

• Section 32M certificate is conclusive evidence of purchase: Under Section 32M(1), the certificate issued by the Tribunal is conclusive evidence of purchase. It has attained finality and cannot be collaterally challenged.

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