Case Note & Summary
The Bombay High Court disposed of a Public Interest Litigation (PIL) and a connected Writ Petition concerning the allotment of gairan (grazing) land to a sugar factory. The PIL was filed in September 2002 by two residents of Kumthe village, Satara district, challenging an order dated 5.8.2002 passed by the Collector, Satara, directing delivery of 10 hectares 94 ares of gairan land out of Gat No.1110 to Respondent No.5, Jarandeshwar Sahakari Sakhar Karkhana Ltd., for industrial purposes. The petitioners contended that the land was gairan land reserved for grazing and could not be diverted for industrial use without following the procedure under the Maharashtra Land Revenue Code, 1966. The Gram Panchayat of Kumthe also filed a separate writ petition challenging the same order. The court examined whether the Collector had jurisdiction to allot gairan land for industrial purposes without prior approval of the State Government. The court held that gairan land is community property meant for grazing and cannot be diverted for industrial use without complying with Section 145 of the Maharashtra Land Revenue Code, 1966, which requires prior sanction of the State Government. Since no such approval was obtained, the Collector's order was illegal and without jurisdiction. The court quashed the impugned order dated 5.8.2002 and directed that the land be restored to the Gram Panchayat for its original purpose. The court also held that the petitioners and the Gram Panchayat had locus standi to file the PIL as the matter involved community rights over common property resources.
Headnote
A) Public Interest Litigation - Locus Standi - Gairan Land - Petitioners, residents of village, and Gram Panchayat have locus standi to challenge diversion of gairan land as it affects community rights to grazing land - Held that PIL is maintainable for protection of common property resources (Paras 1-5). B) Land Law - Gairan Land - Diversion for Industrial Use - Gairan land is reserved for grazing and cannot be diverted for industrial purposes without following procedure under Section 145 of Maharashtra Land Revenue Code, 1966 - Collector's order dated 5.8.2002 allotting 10 hectares 94 ares of gairan land to sugar factory is illegal as no prior approval of State Government was obtained - Held that the order is quashed (Paras 2-8). C) Land Law - Section 145 of Maharashtra Land Revenue Code, 1966 - Procedure for Diversion - Diversion of gairan land requires prior sanction of State Government and compliance with conditions - Collector acted without jurisdiction - Held that the impugned order is set aside (Paras 6-8).
Issue of Consideration
Whether the Collector's order dated 5.8.2002 allotting gairan (grazing) land to a sugar factory for industrial purposes is legal and valid, and whether the Gram Panchayat and villagers have locus standi to challenge such allotment.
Final Decision
The impugned order dated 5.8.2002 passed by the Collector, Satara is quashed and set aside. The land is directed to be restored to the Gram Panchayat for its original purpose as gairan land.
Law Points
- Gairan land is community grazing land
- cannot be diverted for industrial use without following procedure under Section 145 of Maharashtra Land Revenue Code
- 1966
- Collector's order without prior approval of State Government is illegal
- Gram Panchayat has locus standi to challenge diversion of gairan land
- public interest litigation maintainable for protection of common property resources.
