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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Tukaram Ganpat Mohare – Appellant
Versus
Collector, Pune (Rehabilitation Branch) – Respondent
JUDGMENT :
AARTI SATHE, J.
1. This Petition is filed under Article 226 of the Constitution of India praying for the following substantive reliefs :
a) The Petitioner, therefore, prays that:-
By suitable writ, order or direction the order dated 30/10/2023 passed by the present Respondent No.2 - the Additional Collector, Pune may be quashed and set aside;
b) By suitable writ, order or direction this Hon'ble Court may be pleased to cancel the Mutation Entry, No. 4288 which has been recorded on the basis of the impugned order dated 30/10/2023 in the record of rights with respect to the subject properties and accordingly the names of the present Petitioner may be restored back in the 7/12 extracts with respect to the subject properties.
c) Pending the hearing and final disposal of the present Petition, all the further steps and actions on the basis of the impugned order dated 30/10/2023 passed by the present Respondent No. 2 - the Additional Collector, Pune may be stayed;
d) Pending the hearing and final disposal of the present Petition, not to create third party interest in respect to the subject properties by the Respondents and may be pleased to restrain the Respondents from taking physical
The court ruled that cancellation of land allotment must follow principles of natural justice, including providing notice and opportunity to be heard, emphasizing procedural fairness.
Conditions for land allotment under rehabilitation laws must be reasonable and not arbitrary, especially when they affect the fundamental rights of displaced persons.
The failure to establish lawful possession and the invalidity of the allotment order led to the dismissal of the appeal, emphasizing jurisdictional limits in civil suits regarding land allotments.
The judgment establishes the importance of proving actual land allotment and possession in cases of rehabilitation schemes and the validity of administrative orders changing land use.
A valid land allotment must be canceled before a subsequent allotment can be deemed lawful, reaffirming the plaintiffs' ownership rights and possession under the Tripura Land Revenue and Land Reforms....
Unjust and improper vesting of land in the State Government, based on unproven allegations and unreasoned orders, is in violation of the principles of natural justice and contrary to the policy of re....
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
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