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Issues:
1. Validity of order passed by Administrative Tribunal setting aside the order of Dy. Collector regarding unauthorized use of agricultural land. 2. Determination of whether the land in question is agricultural or non-agricultural. 3. Proper exercise of jurisdiction by the authorities in interpreting the Land Revenue Code. Analysis: 1. The judgment concerns a petition challenging the order of the Administrative Tribunal that set aside the Dy. Collector's order regarding unauthorized use of agricultural land. The Dy. Collector imposed a fine for unauthorized construction on land classified as "Cultivable (Bharad)." The Tribunal quashed this order, leading to the current dispute. 2. The primary issue revolves around determining the nature of the land in question, specifically Survey Nos. 188/1 and 188/4 of Ponda. The Dy. Collector presumed all lands to be agricultural unless classified otherwise, while the Tribunal considered the location within Municipal limits as indicative of non-agricultural land. However, the judgment emphasizes that the nature of land depends on factual evidence presented, not broad presumptions. 3. Both authorities, the Dy. Collector and the Tribunal, erred in their interpretations of the Land Revenue Code. The Dy. Collector failed to conduct a proper fact-finding exercise before imposing penalties, while the Tribunal's decision lacked substantive evidence to support its presumption about the land's classification. The judgment underscores the need for a thorough examination of all relevant materials before determining the nature of the land. 4. Referring to a Supreme Court judgment, the judgment highlights that the classification of land as agricultural or non-agricultural depends on physical properties and situations. Mere location within Municipal limits does not automatically denote non-agricultural land. The absence of a clear definition of "agricultural land" or "non-agricultural land" in the Land Revenue Code underscores the importance of factual analysis in determining land classification. 5. The judgment allows the petition, quashes the previous orders, and remands the matter to the Dy. Collector for a fresh decision based on proper evidence and analysis. It clarifies that no presumption exists that all lands are agricultural unless specified otherwise, emphasizing the need for a case-specific evaluation of the nature of the land in question. This detailed analysis of the judgment addresses the key issues raised in the petition, focusing on the proper interpretation of the Land Revenue Code and the necessity of factual evidence in determining the classification of land as agricultural or non-agricultural.
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