Case Note & Summary
The petitioner, Nisargdeep Shikshan Prasarak Mandal, is a society registered under the Cooperative Societies Act and Bombay Public Trust Act, running a senior college in rental accommodation at village Chittepimpalgaon, Aurangabad. The petitioner applied for grant of land for construction of its own college building. The respondents, including the State of Maharashtra, Divisional Commissioner, District Collector, and Tahsildar, denied the application without assigning any valid reason. The petitioner challenged this denial by filing a writ petition under Article 226 of the Constitution of India. The court heard the learned advocate for the petitioner and the learned AGP for the respondents. The court found that the respondents' order was without application of mind and contrary to the Government Resolution dated 30.08.2001 and the Maharashtra Land Revenue Code, 1966. The court held that the petitioner is entitled to consideration of its application for land grant. The court directed the respondents to consider the petitioner's application afresh and pass appropriate orders within a period of three months from the date of the judgment. The writ petition was allowed with no order as to costs.
Headnote
A) Land Law - Grant of Land for Educational Purpose - Government Resolution dated 30.08.2001 - Entitlement of Educational Institutions - The petitioner society, running a senior college in rental accommodation, applied for grant of land for construction of its own building. The respondents denied the application without assigning any valid reason. The court held that the petitioner is entitled to consideration of its application for land grant in accordance with the Government Resolution and the Maharashtra Land Revenue Code, 1966. The court directed the respondents to consider the petitioner's application afresh and pass appropriate orders within a stipulated time. (Paras 1-10) B) Administrative Law - Non-Application of Mind - Denial of Land Grant - The respondents' order denying land grant was found to be without application of mind and contrary to the policy. The court observed that the denial was not supported by any valid reason and the respondents had not considered the petitioner's eligibility under the relevant Government Resolution. (Paras 5-8) C) Constitutional Law - Right to Education - Article 21 - The court emphasized that education is a fundamental right and the state is obligated to facilitate educational institutions. Denial of land without justification would impede the right to education. (Para 9)
Issue of Consideration
Whether the petitioner society, running a senior college in rental accommodation, is entitled to grant of land for construction of its own college building under the Government Resolution dated 30.08.2001 and the Maharashtra Land Revenue Code, 1966.
Final Decision
The writ petition is allowed. The respondents are directed to consider the petitioner's application for grant of land afresh and pass appropriate orders within a period of three months from the date of the judgment. No order as to costs.
Law Points
- Land grant for educational purpose
- Government Resolution dated 30.08.2001
- Maharashtra Land Revenue Code 1966 Section 5
- Right to land for educational institutions
- Denial of land without valid reason
- Mandamus to consider application
