Impact of Section 88(1)(b) Notifications and Municipal Extensions on Deemed Tenancy Purchases.
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Case: SHRI. PRASHANT HARIBHAU DALVI AND ORS v. GOVIND RAMCHANDRA SAPTARSHI AND ORS
Court: Bombay High Court
Date: 20-07-2026
Law: Maharashtra Land Revenue Code, Constitution of India.
Highlights of the Judgment:
- Examination of the statutory fiction of "deemed purchase" under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948.
- Analysis of the retrospective effect of notifications issued under Section 88(1)(b) regarding land reserved for non-agricultural use.
- Judicial distinction between a void order and a legally erroneous order concerning the applicability of limitation periods.
- The burden of proof required to establish that a tribunal order is a nullity due to proceedings against a deceased person.
- Interpretation of the phrase "subject to the other provisions" in the context of conditional statutory vesting.
- Limits of writ jurisdiction under Article 226 when reviewing discretionary orders for condonation of delay.