Whosoever is desirous of getting conversion of agricultural land to use it for non-agricultural purpose, has to apply to the Collector for permission in accordance with the form prescribed. In terms of clause (a) of sub-section (2) of Section 44 of the Code, the Collector on receipt of such application has to give an acknowledgment within a period of seven days. In terms of sub-section (3), if the Collector fails to inform the applicant to his decision within ninety days from the date of acknowledgment of the application, the permission applied for is deemed to be have been granted subject to any condition prescribed in the rules made by the State Government in respect of such use.
7. We find that the production of acknowledgment granted in terms of clause (a) of sub-section (2) of Section 44 of the Code about receipt of application, is very crucial. The deeming fiction is conditional and it would not operate unless the acknowledgment evidencing the date of receipt of the application tendered, is produced or otherwise such date is proved. The burden is upon the person who wanted to claim benefit of it, to prove that the condition is satisfied. In the absence of such acknowledgment being produced on record to the satisfaction of the Court, it is not possible to record the finding that the application was not decided within a period of ninety days from the date of it's receipt. The petitioner has failed to discharge burden of establishing that the application was given on 01/03/2006. The condition is not satisfied and, therefore, it cannot be held that either the permission is deemed to have been granted or that the rejection of the application was not within a period of ninety days.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Writ Petition No. 1422 of 2007
Decided On: 29.03.2019
Rajendra Vs.State of Maharashtra and Ors.
Hon'ble Judges/Coram:
R.K. Deshpande and S.M. Modak, JJ.
Citation : 2019 (5)MhLJ 348
