Case Note & Summary
The petitioner, Shri Ashok Ganu Shelke, filed a writ petition before the Bombay High Court seeking allotment of land under the 12.5% rehabilitation scheme for project affected persons of the Navi Mumbai project. The petitioner's ancestral land in village Asudgaon, Panvel, Raigad was acquired in 1970 for the development of New Bombay. The State Government formulated a rehabilitation scheme under Government Resolutions dated 6th March 1990 and 28th October 1994, known as the '12.5 percent Scheme'. CIDCO, the New Town Development Authority under Section 113(3A) of the Maharashtra Regional and Town Planning Act, 1966, determined that the petitioner was eligible for allotment of 2825 sq.mtrs. of land. Out of this, a plot of 400 sq.mtrs. was allotted in village Asudgaon, and CIDCO expressed readiness to allot the remaining area in a linkage sector in Kamothe node, similar to other project affected persons of Asudgaon village. The petitioner, however, insisted that all land must be allotted from Sector 5, New Panvel, and sought allotment of Plot No.46 in that sector, along with cancellation of the plot allotted to the fifth respondent. The court considered the submissions and the affidavit in reply filed by CIDCO, which clarified that after the Government Resolution of 6th March 1990, meetings were held with project affected persons, including a meeting on 17th September 1998 where representatives including an MP and MLAs were present. The court held that the petitioner had no vested right to a specific plot and that CIDCO's offer of alternative land in a linkage sector was reasonable and consistent with the rehabilitation scheme. Consequently, the petition was dismissed.
Headnote
A) Rehabilitation and Resettlement - Project Affected Persons - 12.5% Scheme - Allotment of Land - The petitioner, a project affected person under the Navi Mumbai development, sought allotment of land specifically from Sector 5, New Panvel, and cancellation of plot allotted to the fifth respondent. CIDCO offered alternative land in a linkage sector. The court held that the petitioner has no vested right to a specific plot and that the authority's decision to allot land in a linkage sector was reasonable and in accordance with the rehabilitation scheme. (Paras 1-3)
Issue of Consideration
Whether the petitioner is entitled to allotment of land under the 12.5% rehabilitation scheme specifically from Sector 5, New Panvel, and whether the allotment made to the fifth respondent should be cancelled.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Rehabilitation scheme
- Project affected persons
- Allotment of land
- Government Resolution
- 12.5 percent scheme
- Writ jurisdiction
- No vested right to specific plot
