Cancellation of alternate land allotment upheld for non-verification of family members and records; no natural justice breach; government superintendence valid; liberty for fresh eligibility-based application.

Judgment (Per : Kamal Khata, J) :-

1) By this Petition under Article 226 of the Constitution of India, the Petitioner seeks a writ of certiorari to quash and set aside the Order dated 4^th November, 2025 passed by Respondent No.6 namely the Desk Officer.

Brief facts

2) The Petitioner is a Project Affected Person (PAP). The Petitioner's land namely Gat No.229, 239, 318, 331 admeasuring 00H 6R, 00H 5R and 00H 3R respectively, totaling to 19R, located at Lavharde, Taluka Mulshi, District Pune, was acquired for construction of Temghar Dam Project. The acquisition was done pursuant to an Award dated 13^th December, 1999 passed by the Special Land Acquisition Officer (SLAO).

3) Being a project affected person, the Petitioner is entitled to allotment of an alternate land. In lieu of the allotment of alternate land the SLAO has deducted an amount of 65% from the compensation due to the Petitioner and deposited it in the Treasury. The Petitioner preferred an application for allotment of the alternate land on 25^th November, 2019.

4) In view of the non- allotment of the land, the Petitioner made an application on 6^th February, 2022, demanding land bearing Gat No.178/2/1 admeasuring 80R, situated at Village Apti, Taluka Khed, District Pune. Since he was not allotted the land as per the application dated 6^th February, 2022, he filed two other applications one on 25^th November, 2023 seeking allotment of land bearing Gat No.2035/2 admeasuring 40R situated at Pimpalgaon Tarfe, Taluka Khed, District Pune and another application dated 26^th April, 2024 for Gat No.358/2 admeasuring 80R situated at Burunjawadi, Taluka Khed, District Pune. The said applications were allowed by an Order dated 6^th March, 2024.

5) Upon passing of the Order, Shri Balasaheb Bhausaheb Wable, the owner of land bearing Gat No.358/2 filed an application before the Additional Collector, Pune, seeking cancellation of allotment of land to the Petitioner on 20^th August, 2024 on the ground that, his land bearing Gat No. 358/2 admeasuring 81R was acquired for rehabilitation. He further contended that, the name of the Collector was recorded in the 7/12 extract but the land is acquired from the western side. He contended that, on the western side of his house, a well and a bore well were situated and he has been cultivating the land. He referred to an application made on 29^th February, 2024 before the Divisional Commissioner for correction of map and an application to the Additional Collector, Pune on 20^th August 2024, for cancellation of the allotment to the Petitioner. Mr. Wable contended that, the Petitioner had misled the Government Officer to allot him the land admeasuring 80R and consequently requested for cancellation of the allotment Order dated 6^th March, 2024.

6) The Additional Collector conducted a hearing on 11^th February 2025 and after hearing both the Petitioner as well as Mr. Wable at length passed an Order dated 12^th February, 2025. By the said Order, the direction for acquisition of land bearing Gat No.358/2 was not changed since according to him the land was already allotted to the Petitioner and the possession handed over, consequently, in his view the said issue was beyond his jurisdiction. He accordingly directed the Applicant Mr. Wable to prefer an application before the appropriate Authority.

7) Accordingly, Mr. Wable filed an application before the Ministry of Relief and Rehabilitation of Maharashtra State on 29^th March, 2025. The Minis