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HIGH COURT OF JUDICATURE AT BOMBAY
A.S. OKA & A.K. MENON, JJ.
Tanaji Haribhau Jagdale & Others – Appellants
Versus
State Government of Maharashtra (Revenue & Forest Ministry) & Others – Respondents
Public Interest Litigation No. 79 of 2002 with Writ Petition No. 7127 of 2010
Decided On : 08-05-2015
Land Allotment - Public Interest - Maharashtra Land Revenue Code (Government Disposal Lands) Rules, 1971 - GR dated 26.3.1994 - Rule 31 - GR dated 18th December, 1995 - GR dated 14th October, 1996 - PIL No.79 of 2002 was filed seeking a writ calling for record and proceedings in respect of the order passed by Respondent No.2, Collector, Satara directing the delivery of land granted under the impugned order dated 5.8.2002 to Respondent No.4 Gram Panchayat. The land allotted was gairan land and the Petitioners alleged malafide in the allotment to Respondent No.5 for industrial purposes. The impugned order reduced gairan land, affecting the villagers' livelihood. Respondent No.4 Gram Panchayat passed a resolution against the allotment. The Petitioners contended that the land should have been disposed of only by way of auction as per Section 31 of the Maharashtra Land Revenue Code, and no such procedure had been followed. The lands were vested in the Gram Panchayat and could not be allotted without their consent. The Petitioners claimed entitlement to the reliefs as prayed for.
Fact of the Case:
PIL No.79 of 2002 was filed seeking a writ calling for record and proceedings in respect of the order passed by Respondent No.2, Collector, Satara directing the delivery of land granted under the impugned order dated 5.8.2002 to Respondent No.4 Gram Panchayat. The land allotted was gairan land and the Petitioners alleged malafide in the allotment to Respondent No.5 for industrial purposes. The impugned order reduced gairan land, affecting the villagers' livelihood. Respondent No.4 Gram Panchayat passed a resolution against the allotment. The Petitioners contended that the land should have been disposed of only by way of auction as per Section 31 of the Maharashtra Land Revenue Code, and no such procedure had been followed. The lands were vested in the Gram Panchayat and could not be allotted without their consent. The Petitioners claimed entitlement to the reliefs as prayed for.
Finding of the Court:
The allotment of land to the Karkhana was illegal and arbitrary, and the alleged mortgage of the land with the Respondent-bank was in breach of the order dated 5th August, 2002. The auction, if any, held by the Respondent-bank was invalid and set aside. Respondent Nos.1 to 3 and 5 were directed to hand over the possession of the land granted under the order dated 5th August, 2002 to the State Government within six months.
Issues: The main issues were the legality of the land allotment, the alleged malafide in the allotment to Respondent No.5, the reduction of gairan land affecting the villagers' livelihood, and the failure to follow the auction procedure as per Section 31 of the Maharashtra Land Revenue Code.
Ratio Decidendi: The disposal of public property must be founded on a well-defined policy, made known to the public, and adopted by official methods. The State cannot exclude others who are otherwise eligible to seek allotment. The allotment of land to the Karkhana was illegal and arbitrary, and the alleged mortgage of the land with the Respondent-bank was in breach of the order dated 5th August, 2002. The auction, if any, held by the Respondent-bank was invalid and set aside.
Final Decision: The Rule was made absolute in terms of prayer clause (a) & (b) in the Public Interest Litigation No.79 of 2002. Writ Petition No.7127 of 2010 was dismissed. The mortgage, if any, of the land was in breach of the order dated 5th August, 2002 and will not bind the State Government. The auction, if any held by the Respondents Bank was invalid and set aside. Respondent Nos.1 to 3 and 5 were directed to hand over the possession of the land granted under order dated 5th August, 2002 to the State Government within a period of six months from the date of the judgment.
A.K. Menon, J.
1. By this common order we dispose of the writ petition and PIL. PIL No.79 of 2002 was filed in September, 2002 seeking a writ calling for record and proceedings in respect of the order passed by Respondent No.2, Collector, Satara bearing No.MHA/3/Jamin-Gra/816 and directing Respondent nos.1, 3 and 5 to deliver the land granted under the impugned order dated 5.8.2002 to Respondent No.4 Gram Panchayat.
2. The facts leading to filing of PIL No.79 of 2002 briefly stated are as follows: Vide the impugned order dated 5.8.2002 passed by Respondent No.2 at the instance of Respondent No.1 possession of the gairan (grazing land) admeasuring 10 Hectares 94 Ares out of Gat No.1110 was directed to be given to Respondent No.5 (Jarandeshwar Sahakari Sakhar Karkhana) for industrial purposes. According to the Petitioners, the land allotted was gairan land. The Petitioners were alerted by a news article dated 21.7.2002 which reported that an educational institution run by Respondent no.5 has been granted a part of gairan land in village Kumthe for opening a Medical College. They then made representation to the Hon'ble Chief Minister against the proposal stating that already 35 acres of gairan land has been taken over by the State for the purpose of rehabilitation of project affected villagers from the Dhom Dam project.
3. According to the Petitioners, considering the number of cattle in the village, the land remaining is inadequate for the purpose of grazing. It is therefore alleged that the purported action in allotting the land to Respondent no.5 was malafide. It transpired that Respondent No.5 vide letter dated 9.5.2002 requested the Collector - Respondent no.2 to grant an area of 102 Acres and 38 Ares out of Gat No.1109, 1110 and 787 which were lands reserved for grazing and it is on the process of application of Respondent No.2 and the Additional Secretary of Respondent No.1 granted a land admeasuring 10 Hectares and 94 Ares out of Gat No.1110. Reference is made to a Government Resolution dated 26.3.1994 and also Rule 31 of the Maharashtra Land Revenue Code (Government Disposal Lands) Rules, 1971. It is further stated that the aforesaid land was given at price Rs.10,39,300/-. However, the grant was subject to certain conditions. According to the Petitioner as on date of the petition, only 60 Hectares and 71 Are were available to the villagers of village Kumthe for the purposes of grazing about 7000 cattle. The impugned order reduces gairan land, adding to the misery of the villagers resulting from unavailability of grazing land.
4. Respondent No.4 Gram Panchayat had apparently passed a resolution not to allow grant of grazing lands for any purpose to Respondent Nos.1 to 3. Yet Respondent No.5 is likely to start construction on the land available for grazing. According to the Petitioners land ought to be disposed of only by way of auction as contemplated under Section 31 of the Maharashtra Land Revenue Code, 1966 and in the present case no such procedure had been followed. The Respondent No.1 had not consulted even the Gram Panchayat under whose supervision the land remained. The lands were vested in the Gram Panchayat by the Respondent No.1 way back in 1954 and unless the Gram Panchayat consents the lands cannot be allotted to Respondent No.5. The Petitioners further contended that majority of the villagers have their earnings from cattle and in absence of adequate grazing lands the villagers will be affected. If the land for grazing of cattle is not available for the villagers, they will be deprived of their livelihood. The Petitioners, therefore, claim that they are entitled to the reliefs as prayed for.
5. One Supriya Subhash Bagawade, Tahsildar, Koregaon District Satara has filed an affidavit in reply on behalf of Respondent No.2. In the said affidavit, it is contended that Respondent no.1 has granted 10 Hectares and 94 Are of land in Gat No.1110 for industrial purposes. According to the deponent the PIL is politic
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