TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Supreme Court's Authority in Modifying Land Policies for Social Objectives: Evolution of Government Resolutions</h1> <h3>Chairman, Ramappa Gundappa Sahakari Samyakta Besava Sangha Ltd. Versus State of Mysore and Ors.</h3> Chairman, Ramappa Gundappa Sahakari Samyakta Besava Sangha Ltd. Versus State of Mysore and Ors. - AIR 1974 SC 856 Issues:- Interpretation of Government resolutions regarding the disposal of lands for cultivation.- Rights of adjoining landowners based on historical resolutions.- Validity of lease granted by Government to a cooperative society.- Consideration of social policies in granting leases.- Authority of Government to modify policies regarding land disposal.- Discretion of Government in granting leases based on public policy.- Adjudication of rights based on historical resolutions and current circumstances.Analysis:The judgment by the Supreme Court involved the interpretation of Government resolutions regarding the disposal of lands for cultivation. The case revolved around the rights of adjoining landowners based on historical resolutions and the validity of a lease granted by the Government to a cooperative society. The Court examined the evolution of Government policies from the 19th century to the mid-20th century concerning the allocation of lands for cultivation. It was noted that the Government had the authority to modify policies regarding land disposal based on its social objectives and needs of the people.The Court specifically analyzed the 1931 resolution and the 1953 memorandum, which outlined the priorities for granting leases of tank bed lands. The 1953 memorandum emphasized giving preference to cooperative societies of local landless backward class people. The judgment highlighted that the Government's policies could change over time, and any order modifying previous decisions did not deprive individuals of their rights. The Court emphasized that the rights to cultivate land were precarious and seasonal, not creating permanent estates for the adjoining owners.Regarding the lease granted to the cooperative society, the Court found that the High Court's decision, based on the 1931 resolution, was incorrect as it did not confer perpetual cultivation rights to the landowners. The Court emphasized that the Government had the discretion to grant leases based on public policy considerations. The judgment clarified that the High Court's decision was unsustainable, and the lease granted to the cooperative society was valid.Furthermore, the Court addressed the issue of the composition of the cooperative society and stated that it was not within the scope of the case to adjudicate on that matter. The Court set aside the High Court's judgment and left the decision of granting leases to the lands in question to the Government, allowing it to evolve public policies in that regard. The Court allowed the Civil Appeal and directed the appellants to be awarded costs by the contesting respondents in the various appeals.
TaxTMI 