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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.KARNIK, S.M.MODAK
Prashant Sunil Kachole – Appellant
Versus
State of Maharashtra, Through Housing Department, Mantralaya, Mumbai To be served through Government Pleader – Respondent
| Table of Content |
|---|
| 1. challenge to illegal gairan land transfer for pmay (Para 1 , 2) |
| 2. petition maintainable; no vested right in govt land (Para 3 , 4) |
| 3. reports confirm gairan land suitability for public housing (Para 5 , 6 , 7 , 8) |
| 4. rehabilitation assured; objections addressed in meetings (Para 9 , 10 , 11) |
| 5. section 22a restricts gairan diversion except public purpose (Para 12) |
| 6. pmay fulfills art 21,39(b); procedure compliant (Para 13 , 14) |
| 7. section 40 overrides section 22a restrictions (Para 15 , 16) |
| 8. writ dismissed; transfer lawful for public purpose (Para 17 , 18) |
JUDGMENT :
M.S. KARNIK, J.
1. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners seek to challenge the order dated 01/06/2025 passed by respondent no.2 –the Collector, Pune and the Government Resolution dated 15/10/2024 issued by the respondent no.1- State of Maharashtra. Further relief is sought for a direction to respondent no.1- State of Maharashtra to hold necessary inquiry in respect of representations made by the petitioners and subject to outcome of such inquiry, to initiate necessary action against the concerned persons. It is further prayed for a direction
Section 40 of Maharashtra Land Revenue Code overrides Section 22A restrictions on Gairan land diversion, empowering State to allot for public purposes like PMAY housing after procedural compliances, ....
The court established that the State can allot Gairan land for public purposes under the PMAY, overriding restrictions in the MLRC due to the authority granted by the MRTP Act.
The court emphasized the need for local authorities' input in land allotment decisions to ensure compliance with community needs and statutory obligations.
Section 14 of RSIR Act, 2016 provides for public notice of draft Master Development Plan and invitation of objections from public including suggestions.
The main legal point established in the judgment is that under Section 127 of the Maharashtra Regional Town Planning Act, 1966, if no steps for the acquisition of land reserved for public purposes ar....
Failure to initiate acquisition proceedings within the stipulated time under the MRTP Act results in lapsing of land reservation, allowing the owner to develop the property.
Civil Law - Land - Sanction of Collector under Section 36A for transfer - Permission/sanction letter - Tribal lands to Non-tribals lands - It is true that Rule 4 of said Rules provides that Collector....
Failure to initiate acquisition steps within the stipulated time under the MRTP Act results in lapsing of land reservation, protecting landowners' rights.
Point of law : Section 46 of Act, it is the duty of the Gram Panchayat to provide certain amenities to the public and maintain them, such as construction of schools (clause iii), laying and maintenan....
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