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.

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 possession in respect to the subject properties.

e) Interim/Ad-interim relief in terms of the prayer clause (c) above be granted.

f) Such other and further relief's be granted as the nature and circumstances of the case may be require.

2. As seen from the prayers the Petitioner challenges an order dated 30^th October 2023 passed by Respondent No.2 whereby the allotment of the alternate land made in favour of the Petitioner as a Project Affected Person (PAP) has been cancelled.

3. Facts relevant for the adjudication of this Petition needs to be noted :

a) The predecessor of the present Petitioner late Shri Tukaram Ganpat Mohare was resident of Village Pulwade, Taluka Ambegaon, District Pune. The land bearing Gat No.287/1 + 2(New Gat No.157/1/A)admeasuring 0H-41R at Village Awasari Bk. Tal. Amebgaon, Dist.Pune was the alternate land allotted to the predecessor of the Petitioner in view of the acquisition of the land of the Petitioner for Dimbhe Dam Project. Such land totally admeasuring 2H 93R (hereinafter referred to as the “subject land”) was acquired for the ‘Dimbhe Dam Project’ and as the predecessor of the present Petitioner Shri.Tukaram Ganpat Mohare, was declared PAP on account of the aforesaid acquisition.

b) The subject land which was allotted to the Petitioner was owned by Respondent No.7. It is the Petitioners contention that Respondent No.7 right from the beginning continuously objected for taking over the subject land and the consequent allotment made to the predecessor of the present Petitioner. It is the Petitioner’s contention that Respondent No.7 and his family members have tried to disturb the possession of the subject land from the Petitioner.

c) Several complaints have also been made by Respondent No.7 and his family members alleging wrongful allotment of the subject land to the Petitioner and his predecessor. On the basis of the aforesaid complaints an order dated 4^th November 2019, was passed by Deputy Collector (Rehabilitation), Pune, whereby it is held that the complaint made by Respondent No.7 and others was without any substance and hence the same was rejected. A separate order dated 4^th November 2019 in Application No.12 of 2019 was also passed by Deputy Collector (Rehabilitation) Pune who directed the Tahsildar and Rehabilitation Officer, Dimbhe Dam Project, Taluka Ambegaon to hold detailed inquiry with respect to allotment of the subject land made to the Petitioner and with respect to the area of the land al