Case Note & Summary
The petitioner's father was a project affected person whose agricultural land at Mouje Bhugaon, Taluka Mulshi, District Pune was acquired for the Veer Baji Pasalkar Dam. In lieu thereof, he was allotted 80 Ares of land out of Gat No.50/1K/2 at Mouje Manjari, Taluka Haveli, District Pune by an order dated 31st December 1987. The petitioner challenged the orders dated 31st March 1999 and 30th June 2000 passed by the Additional Commissioner and the District Rehabilitation Officer respectively, which cancelled the allotment. The court found that the cancellation was made without affording any opportunity of hearing to the petitioner or his father, and without any valid reasons. The court held that the allotment was a substantive right and could not be cancelled arbitrarily. The court allowed the writ petition, quashed the impugned orders, and directed the respondents to restore the allotment and possession of the land to the petitioner.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Allotment - Opportunity of Hearing - The cancellation of allotment of land made in lieu of acquisition without affording an opportunity of hearing to the allottee is violative of principles of natural justice and cannot be sustained. (Paras 1-5)
B) Land Acquisition - Rehabilitation - Project Affected Persons - Allotment of Land - The allotment of land to a project affected person is a substantive right and cannot be cancelled arbitrarily without any valid reason or notice. (Paras 1-5)
Issue of Consideration
Whether the cancellation of allotment of land to a project affected person without affording an opportunity of hearing is valid in law.
Final Decision
The writ petition is allowed. The impugned orders dated 31st March 1999 and 30th June 2000 are quashed and set aside. The respondents are directed to restore the allotment of the said land in favour of the petitioner and put him in possession of the same within four weeks from the date of the order.
Law Points
- Natural justice
- opportunity of hearing
- cancellation of allotment without notice
- project affected persons
- land acquisition
- rehabilitation
Case Details
2011 LawText (BOM) (04) 107
WRIT PETITION NO. 6675 OF 2000
Mr.G.S. Godbole for the Petitioner, Mr.V.S. Gokhale, AGP for Respondent Nos.1 to 4
Additional Commissioner, Pune Division; District Rehabilitation Officer, Pune Division; Special Land Acquisition Officer, No.30, Pune Division; State of Maharashtra; Bhagwan Dhondiba Ghule
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Nature of Litigation
Writ petition challenging cancellation of land allotment made to a project affected person.
Remedy Sought
Quashing of orders dated 31st March 1999 and 30th June 2000 cancelling the allotment of land, and restoration of allotment and possession.
Filing Reason
The petitioner's father was allotted land in lieu of acquisition, but the allotment was cancelled without notice or hearing.
Previous Decisions
The Additional Commissioner and District Rehabilitation Officer passed orders cancelling the allotment on 31st March 1999 and 30th June 2000 respectively.
Issues
Whether the cancellation of allotment of land to a project affected person without affording an opportunity of hearing is valid in law.
Submissions/Arguments
The petitioner argued that the cancellation was without notice and opportunity of hearing, and thus violative of natural justice. The respondents did not appear or contest the petition.
Ratio Decidendi
Cancellation of allotment of land made in lieu of acquisition without affording an opportunity of hearing is violative of principles of natural justice and cannot be sustained.
Judgment Excerpts
The petitioner's father was project affected person, whose agricultural land at Mouje Bhugaon, Taluka Mulshi, District Pune, was acquired for the purpose of Veer Baji Pasalkar Dam and in lieu thereof was allotted a land at Mouje Manjari, Taluka Haveli, District Pune, admeasuring 80 Ares out of Gat No.50/1K/2 by an order dated 31st December, 1987.
The impugned orders have been passed without affording any opportunity of hearing to the petitioner or his father and without any valid reasons.
The allotment of land in lieu of acquisition is a substantive right and cannot be cancelled arbitrarily.
Procedural History
The petitioner's father was allotted land on 31st December 1987. The Additional Commissioner cancelled the allotment on 31st March 1999, and the District Rehabilitation Officer confirmed the cancellation on 30th June 2000. The petitioner filed the present writ petition challenging these orders.
