Dismissed

Bhandarli Gavthan Vistar Kruti Samiti Thr. Chairman v. State of Maha. Thr. Ministry of Revenue and Forest and Ors.

Bombay HC10 Apr 2023PIL/69/2023

Case brief

AI extract

What is this about?

The petitioner challenged the diversion of gurcharan land for housing under Pradhan Mantri Aawas Yojana. The Court held that Section 22A (2) of the Maharashtra Land Revenue Code permits such use if no other government land is available, and dismissed the PIL.

What did the court decide?

The Public Interest Litigation seeking inhibition of work on gurcharan land is dismissed without costs.

Bhandarli Gavthan Vistar Kruti Samiti Thr. Chairman Vs State… — Land Acquisition | Bombay HC (2023)

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6.69.23-pil.docx

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Digitally signed by BASAVRAJ BASAVRAJ GURAPPA GURAPPA PATIL PATIL Date: 2023.04.11 11:20:51 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION

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PUBLIC INTEREST LITIGATION NO. 69 OF 2023

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Bhandarli Gavthan Vistar Kruti Samiti ….. Petitioner

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Vs.

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The State of Maharashtra & Ors. ….. Respondents

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Mr. Vijay S. Gharat for the Petitioner

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Mr. P. P. Kakade, Government Pleader with Mrs. R. A. Salunkhe, AGP for the State

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Mr. P. G. Lad with Shreya Shah for Respondent No.3

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CORAM: S.V. GANGAPURWALA, ACJ & SANDEEP V. MARNE,J.

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DATED : APRIL 10, 2023

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P.C.

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The learned Counsel for the Petitioner submits that the land in question is a gurcharan land. It is meant for grazing of the cattle in the village. The Respondents removed the cattle shed and are now trying to use the writ land for residential purpose when the same is not permissible. The trees are illegally fell. According to the learned Counsel, no activity can be carried out on gurcharan land. Same would be against the purpose for which the land is reserved.

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The learned AGP for the State and Mr.Lad, the

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Basavraj

6.69.23-pil.docx

learned Advocate for Respondent No.3 submit that the gurcharan land can be used for public purpose or to implement the scheme of the Central or the State Government as per Section 22A (2) of the Maharashtra Land Revenue Code, 1966

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The writ land in question is sought to be used for implementation of the Pradhan Mantri Aawas Yojana. The houses are sought to be provided to the shelterless persons. The said scheme is benevolent and public interest scheme. It is a sort of social welfare measure. Sub Section (2) of Section 22A provides that the gairan land may be diverted, granted or leased for a public purpose or public project of the Central Government or the State Government or any public authority or undertaking under the Central Government or the State Government, if no other suitable piece of Government land is available for such public purpose or public project. The land is sought to be used and utilised for a public purpose, as referred to above.

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In light of the above, we do not find any case for interference. The PIL, as such, is dismissed. No costs.

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(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)

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Basavraj

Bhandarli Gavthan Vistar Kruti Samiti Thr. Chairman v. State of Maha. Thr. Ministry of Revenue and Forest and Ors.

Case brief

What is this about?

What did the court decide?

Bhandarli Gavthan Vistar Kruti Samiti Thr. Chairman v. State of Maha. Thr. Ministry of Revenue and Forest and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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