AI Overview...
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Discrimination in Allotment of Benefits - Several sources highlight issues of discrimination in the allotment of land and benefits to project-affected persons (PAPs). For instance, the Rajasthan Canal Rules (01700043530, 01700014043) and Maharashtra laws (00400053244) recognize the rights of landless persons and affected families but also mention instances where rules and procedures have been challenged on grounds of discrimination. Genba Laxman Pawagi VS State of Maharashtra - Bombay, Niranjan Singh VS State of Rajasthan - Rajasthan, STATE OF RAJASTHAN VS RAMDHAN - Rajasthan
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Legal Validity of Allotment Rules - The Rajasthan Canal Rules and similar regulations have been upheld as valid, but their application sometimes leads to claims of unfair treatment, especially regarding eligibility criteria and the treatment of different categories of landholders. The courts have scrutinized whether these rules violate constitutional principles like Article 14 (equality). Niranjan Singh VS State of Rajasthan - Rajasthan, STATE OF RAJASTHAN VS RAMDHAN - Rajasthan
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Discrimination Claims and Court Interventions - Courts have intervened in cases where allotments were alleged to be discriminatory. For example, in a case involving land allotment to BVB (00400040324), the process was quashed due to procedural irregularities and potential discrimination. Similarly, petitions challenging allotment decisions on grounds of discrimination have been upheld or directed for reconsideration (02800001498). Surendra Ramlal Tiwari VS State of Maharashtra, through its Secretary, Urban Land Development Department - Bombay, Ashutosh Dhar S/o Late Sudhir Chandra Dhar VS State of Tripura (to be represented by the Secretary, Revenue Department, Government of Tripura) - Tripura
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Land Acquisition and Resettlement - Several sources (00400025462, 00400053244) affirm that land acquisition for resettlement of project-affected persons is considered a public purpose, and policies aim to prevent discrimination in such processes. However, disputes arise over whether certain land releases or acquisitions favor affluent persons or discriminate against vulnerable groups, leading to legal challenges. SADASHIV KERU JAMDADE VS State of Maharashtra - Bombay, Joginder Singh VS State of Haryana - Punjab and Haryana
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Fundamental Rights and Equal Treatment - The right to non-discrimination is emphasized, with courts requiring that land allotments and benefits be granted fairly and transparently, respecting affected persons' rights. Discriminatory practices, whether in land allotment or benefit distribution, have been subject to judicial review and annulment. Narmada Bachao Andolan VS State of Madhya Pradesh - Supreme Court, Ashutosh Dhar S/o Late Sudhir Chandra Dhar VS State of Tripura (to be represented by the Secretary, Revenue Department, Government of Tripura) - Tripura
Analysis and Conclusion:
Discrimination in the allotment of benefits to project-affected persons, including additional land, is a recurring concern. While laws and rules exist to protect landless and affected families, their application sometimes leads to allegations of unfair treatment. Courts have played a crucial role in scrutinizing such cases, quashing irregular allotments and directing authorities to ensure equitable treatment. Overall, ensuring non-discriminatory practices in land allotment remains essential for upholding constitutional rights and public trust in development projects.
Search Results for "Discrimination in Allotment of Benefits to Project Affected Persons Including Additional Land"
2017 0 Supreme(Bom) 278 • India - Bombay
MANJULA CHELLUR, M.S.SONAK
affected persons, “on land in villages or areas receiving benefit of irrigation from such project”--- The State Authorities have ... for the purpose contemplates rehabilitation of affected persons from the affected zone under an irrigation project, on land in villages ... Project Displaced Persons Act, 1976----Maharashtra Project Affected #HL_S....
1974 0 Supreme(Raj) 81 • India - Rajasthan
D.P.GUPTA
other Landless Persons in the Rajasthan Canal Project Area) Rules, 1971 are valid. ... the Rajasthan Colonisation (Allotment of Government Land to Post-1955 Temporary Cultivation Lease-holders and other Landless Persons ... Rajasthan Colonisation (Allotment of Government Land to Post-1955 Temporary Cultivation Leaseholders and other Landless persons ... Mridul that the provision including persons holding 15 bighas ....
1972 0 Supreme(Raj) 159 • India - Rajasthan
B.P.BERI, M.L.JOSHI
in the Rajasthan Canal Project area and were affected by the rules of allotment. ... RAJASTHAN CANAL RULES - VALIDITY - DISCRIMINATION - SEVERABILITY - LOCUS STANDI - RAJASTHAN CANAL (RAJASTHAN CANAL PROJECT GOVERNMENT ... LAND ALLOTMENT AND SALE) RULES 1967 - CONSTITUTION OF INDIA, ARTICLE 14. ... In the list laid down in Rule 14 of persons eligible to allotment of Government lands including (a) landless tenants b....
2011 0 Supreme(SC) 518 • India - Supreme Court
B.S.CHAUHAN, J.M.PANCHAL, DEEPAK VERMA
/fundamental right of the displaced persons. ... Affected Families (hereinafter called PAFs) were rehabilitated as per the R & R Policy. ... These have been challenged by the respondent on various ground including the maintainability of the public interest petition and ... In fact, the project has affected the residents of 30 villages. Five villages had already been submerged. ... The plea of discrimination is not available to such major sons of the families, whose land#HL_EN....
2012 0 Supreme(Bom) 2033 • India - Bombay
P.V.HARDAS, A.P.BHANGALE
Therefore, the Court quashed the process undertaken by the NMC including the allotment effected in favor of BVB on 7/1/2011. ... Final Decision: The Court quashed the process undertaken by the NMC including the allotment effected in favor of BVB on 7/ ... by the modification of reservation of land and the allotment of land to BVB. 5. ... He, therefore, contends that allotment of the entire land #....
2008 0 Supreme(SC) 991 • India - Supreme Court
S.B.SINHA, V.S.SIRPURKAR
of industrial plots – Writ petition challenging allotement on the basis of discrimination - Corporation a 'State' within the meaning ... of industrial plots – Terms of payment stipulated in different clauses found irreconcilable - Cancellation of allotment for default ... industrial plots – Government contract - Time for raising construction of building and starting production stipulated in the letter of allotment ... An additional facility was granted to the industrial undertakings for allotm....
1976 0 Supreme(Bom) 81 • India - Bombay
B.LENTIN, M.N.CHANDURKAR
LAND ACQUISITION - PUBLIC PURPOSE - RESETTLEMENT OF PROJECT AFFECTED PERSONS - GOVERNMENT RESOLUTION - GUIDELINES FOR ACQUISITION ... Whether the acquisition of land for the purpose of resettlement of project-affected persons was a public purpose? 2. ... The acquisition of land for the purpose of resettlement of project-affected persons is a public purpose as it involves the welf....
2016 0 Supreme(P&H) 2200 • India - Punjab and Haryana
SURYA KANT, SUDIP AHLUWALIA
LAND ACQUISITION - NOTIFICATION - CHALLENGED - GROUNDS - DISCRIMINATION - RELEASE OF LAND OF AFFLUENT PERSONS - CONSIDERATION ... its earlier decision to release the land of affluent persons, thereby eliminating the foundation of the alleged discrimination. ... Whether the petitioners were entitled to the release of their land on the ground of discrimination? 3. ... The petitioners also allege discrimination as the....
2000 4 Supreme 197 • India - Supreme Court
R.P.SETHI, S.SAGHIR AHMAD
unless there existed specific reasons for non impleadment of the affected persons. ... In the absence of persons likely to be affected by the relief prayed for, the writ petitions should have normally been dismissed ... to have been conferred the benefits on the basis of judicial pronouncements made in his favour. ... In the absence of persons likely to be affected by the relief prayed for, the writ petitions should have normally been dismissed unless there existed sp....
2017 0 Supreme(Tri) 173 • India - Tripura
S.C.DAS
Final Decision: The court directed the respondents to consider the petitioners' cases for land allotment without discrimination ... They sought allotment of the land they had been occupying for over 60 years, citing communications and a resolution by the Allotment ... respondents without discrimination, in accordance with the TLR & LR Act, 1980, Section 14. ... this behalf under this Act; and such rules may provide for allotment of land#HL....
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