Case Note & Summary
The petitioners, Santosh Madhukar Bhondve and others, filed a writ petition challenging the allotment of 1H 46R of land in Gut No.96, situated at Mauje Ravet, Taluka Haveli, District Pune, by the District Collector to the Pimpri Chinchwad Municipal Corporation (respondent No.4) for development of affordable housing under the Prime Minister Awas Yojana (PMAY). The land was recorded as Gairan land (common pasture land) in revenue records. The petitioners also challenged consequential orders including possession handover and revenue entries. The background facts reveal that the land was originally reserved for economically weaker sections. The Corporation requested allotment free of charge, and the Divisional Commissioner proposed transfer for PMAY housing. The State Government, through the Revenue and Forest Department, authorized the Collector to decide on allotment. The Collector, invoking Section 40 of the Maharashtra Land Revenue Code, 1966 (MLRC) read with Rule 5 of the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971, passed the allotment order dated 18th June 2018. The project was approved by the State Approval and Coordination Committee (SACC) on 18th October 2017. Subsequently, possession was handed over on 21st July 2018. The petitioners argued that the allotment violated Section 22A of the MLRC, which prohibits diversion of Gairan land except under specific conditions, namely that no other suitable government land is available for the public purpose. They contended that the Collector failed to record any finding regarding non-availability of alternative land. The respondents argued that the land was reserved for housing in the Development Plan under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), and thus Section 22A did not apply. The court analyzed the provisions of Section 22A, noting that sub-section (1) creates a blanket prohibition on diversion of Gairan land. Sub-section (2) provides an exception for public purpose or public project only if no other suitable government land is available. The court held that the burden to prove non-availability of alternative land lies on the authority seeking diversion. The Collector's order did not contain any such finding or material. The court further held that reservation in a Development Plan under the MRTP Act does not override the MLRC; both statutes operate in their respective fields. The inclusion of the village within municipal limits does not cease the application of the MLRC. Consequently, the court quashed the allotment order dated 18th June 2018 and all consequential actions, including possession handover and revenue entries. The petition was allowed.
Headnote
A) Land Law - Gairan Land - Diversion - Section 22A Maharashtra Land Revenue Code, 1966 - Prohibition on diversion of Gairan land - The court held that Section 22A(1) prohibits diversion of land set apart for free pasturage. Diversion for public purpose under Section 22A(2) is permissible only if no other suitable government land is available. The Collector failed to record any finding regarding non-availability of alternative land, rendering the allotment illegal. (Paras 6-10, 13-15) B) Land Law - Gairan Land - Diversion - Section 22A Maharashtra Land Revenue Code, 1966 - Exception for public project - The court held that the exception under Section 22A(2) requires the authority to demonstrate that no other suitable government land is available for the public project. The burden lies on the State to prove compliance. In the absence of such material, the allotment is invalid. (Paras 7-10, 13-15) C) Town Planning - Development Plan - Overriding Effect - Maharashtra Regional and Town Planning Act, 1966 - The court held that reservation of Gairan land in a Development Plan under the MRTP Act does not override the prohibition under Section 22A of the MLRC, 1966. Both enactments operate in their respective fields, and compliance with Section 22A is mandatory even if the land is reserved for housing. (Paras 8, 11-12) D) Land Law - Gairan Land - Diversion - Section 22A Maharashtra Land Revenue Code, 1966 - Applicability to Municipal Corporation - The court held that inclusion of a village within municipal limits does not cease the operation of the MLRC, 1966. The land continues to be Gairan land under the MLRC, and Section 22A applies. (Paras 8, 11-12)
Issue of Consideration
Whether the allotment of Gairan land (common pasture land) by the District Collector to a Municipal Corporation for affordable housing under PMAY is valid under Section 22A of the Maharashtra Land Revenue Code, 1966, and whether the reservation of such land in a Development Plan under the MRTP Act, 1966 exempts compliance with Section 22A.
Final Decision
The petition is allowed. The impugned order dated 18th June 2018 passed by the District Collector, Pune, and all consequential actions including possession handover, possession receipt, and revenue entries are quashed and set aside. The order dated 21st December 2012 is also quashed. No order as to costs.
Law Points
- Section 22A of MLRC
- 1966 prohibits diversion of Gairan land
- exception for public purpose requires no other suitable government land available
- burden of proof on authority
- MRTP Act does not override MLRC
- 1966
