Case Note & Summary
The petitioner, a society running a technical institution, challenged the order dated 19.09.2002 passed by the Collector, Nagpur, allotting 5.12 hectares of land out of Survey Nos. 23A, 23B and 36/10 at Kamptee to the Maharashtra Housing and Area Development Authority (MHADA) for construction of houses for Bidi workers belonging to economically backward classes. The allotment was made pursuant to the State Government's memorandum dated 14.07.2000. The petitioner claimed that it had applied for allotment of the same land, which was adjacent to its existing land already allotted for educational purposes under Rules 5 and 6 of the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971. The petitioner relied on a document dated 23.12.1998 by which the Naib Tahsildar called for information from the petitioner regarding the land, and a document dated 25.02.2004 claiming possession by encroachment since 1992. The petitioner argued that without considering its proposal, the allotment was made in favour of MHADA. The respondents, including the State and MHADA, opposed the petition. The Court examined the documents and found that the petitioner failed to produce any application for allotment made prior to the State Government's memorandum dated 14.07.2000. The document dated 23.12.1998 only showed that the Naib Tahsildar called for information, not that the petitioner applied for allotment. The Court held that encroachment does not confer any right to allotment. The petition was dismissed as devoid of merits, upholding the allotment to MHADA.
Headnote
A) Land Law - Government Land Allotment - Prior Application - Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971 - The petitioner claimed that its application for allotment of the same land was pending and that the allotment to MHADA was made without considering it. The Court held that the petitioner failed to produce any document showing that a formal application for allotment was made prior to the State Government's memorandum dated 14.07.2000 allotting the land to MHADA. The document dated 23.12.1998 only showed that the Naib Tahsildar called for information, not that the petitioner applied for allotment. The allotment to MHADA was upheld. (Paras 1-4) B) Land Law - Encroachment - No Right to Allotment - The petitioner claimed possession by encroachment since 1992. The Court held that encroachment does not confer any right to allotment of land. The petitioner's claim of prior application was not substantiated. (Para 4)
Issue of Consideration
Whether the allotment of land to MHADA for housing of Bidi workers was illegal and liable to be set aside on the ground that the petitioner had made a prior application for allotment of the same land.
Final Decision
The petition is dismissed. The allotment of land to MHADA is upheld.
Law Points
- Land allotment
- Government land disposal
- Prior application
- Encroachment
- Educational purpose
- Housing for backward classes
