The writ petition, Santosh Madhukar Bhondve & Ors. challenged the allocation of 1H 46R of Gairan land (grazing land) in Gut No. 96, Pune, for the development of affordable housing under the Pradhan Mantri Awas Yojana (PMAY). The petitioners argued that this land, reserved for grazing, was wrongfully diverted without meeting the conditions under Section 22A of the Maharashtra Land Revenue Code, 1966 (MLRC), which prohibits such diversion unless no other suitable government land is available.

The Court, however, upheld the government's action, citing that Section 40 of the MLRC grants the state authority to dispose of government land as it deems fit. Additionally, the land had already been included in the municipal limits and was reserved for housing in the Development Plan under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), further supporting the allocation.

1. Issue:

• Petitioners challenged the 18th June 2018 order by the District Collector, Pune, which allocated Gairan land to Pimpri Chinchwad Municipal Corporation (PCMC) for housing under PMAY.

2. Background:

• The land in question (Gut No. 96) was reserved for the economically weaker sections but was designated as Gairan land in revenue records.
• The State approved the land transfer under the PMAY scheme.
• The petitioners objected, citing Section 22A of the MLRC, which prohibits diversion of Gairan land unless no other land is available for the project.

3. Court's Reasoning:

• The MLRC, Section 40 gives the state full discretion in land disposal.
• The Development Plan under the MRTP Act had designated the land for housing.
• The Court ruled that public interest (affordable housing for the economically weaker sections) outweighed the petitioners' claims.

4. Judgment:

• The petition was dismissed.
• The Court emphasized the state's authority to allocate land for public purposes under the PMAY scheme and the land's inclusion in the municipal limits.

Acts and Sections Discussed:

1. Section 22A of the Maharashtra Land Revenue Code, 1966 (MLRC):

   • Prohibits diversion of Gairan land except under specified conditions.

2. Section 40 of the MLRC:

   • Gives the state discretion to dispose of government land irrespective of other provisions.

3. Maharashtra Regional and Town Planning Act, 1966 (MRTP Act):

   • Applied after the land was included in the municipal limits, allowing its use for housing in the Development Plan.

Ratio Decidendi:

The Court concluded that the state's discretion under Section 40 of the MLRC, and the land’s designation under the MRTP Act for affordable housing, outweighed the prohibition under Section 22A. The public purpose of providing affordable housing under PMAY was prioritized, and no other suitable land was available, justifying the allocation.

Subjects:

Writ Petition, Bombay High Court, Gairan Land, Maharashtra Land Revenue Code, Affordable Housing, Pradhan Mantri Awas Yojana, Municipal Limits, Public Purpose.