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2020 Supreme(Bom) 337

Z.A.HAQ, S.M.GAVHANE
Charudatta S/o Chapa Sandanshiv – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shri Ajinkya Kale, Shri U.R. Awate, Shri Talekar S.B.
For the Respondents: Shri S.B. Yawalkar, Shri V.R. Dhorde.

JUDGMENT :

Z.A. HAQ, J.

1. Heard.

2. Rule. Rule made returnable forthwith.

3. By this Public Interest Litigation (PIL), the petitioners have challenged the allotment of Government land, admeasuring 3-H and 5-R to respondent No. 4 Sanstha under Rules 6 and 7 of the Maharashtra Land Revenue (Disposal of Government Land) Rules, 1971.

4. We are not required to deal with the issue of locus of the petitioners, as the PIL is being heard by this Court since 2012.

5. Though various submissions are made by the Advocates and the learned AGP representing the parties, we are of the view that the petition can be disposed of accepting the submissions made by the learned advocate for the petitioners relying on Rules 6 and 7 of Maharashtra Land Revenue (Disposal of Government Land) Rules, 1971 (herein after referred as ‘the Rules of 1971’).

6. Rules 6(1) and 7(1) of the Rules of 1971 read as follows:-

    “6. Power of collector to make revenue-free grants:-

(1) Subject to the provision of this rule, land may be given by the Collector free of occupancy price and free of revenue, whether in perpetuity or for a term, for the purpose specified in column 1 of the Table below from which benefit is expected, upto the

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