"Legal Battle over Land Allotment in Gorai Nagar: A Decade-Long Dispute Settled" "A High Court judgment resolves a contentious land allocation case between Gorai Nagar residents and the Maharashtra government."

Sub Category: Bombay High Court
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Case Note & Summary

The case revolves around a long-standing dispute over the allotment of a plot of land in Gorai Nagar, Mumbai, which pitted the Gorai Nagar Maharashtra Grihanirman Vasahat Sanghatana, a society representing low-income residents, against the Maharashtra Housing and Area Development Authority (MHADA) and the State of Maharashtra. The petitioners argued that the plot, initially earmarked for a social welfare center, was wrongfully allocated to a private religious group, Ayyappa Seva Samiti. The Bombay High Court intervened with a status quo order in 2003, maintaining the plot's unaltered state until the final judgment. The case, marked by repeated delays and unaddressed affidavits, concluded with the court ruling in favor of the petitioners, highlighting procedural irregularities in the plot's allotment.

1. Introduction Overview of the Gorai Nagar land dispute involving the residents' association and the State of Maharashtra. The plot in question was intended for a social welfare center but was allotted to a religious group without public advertisement. 2. Background of the Dispute The history of the land allocation and the initial request by the Gorai Nagar Maharashtra Grihanirman Vasahat Sanghatana in 1981. MHADA's communications regarding the non-allotment of plots without proper advertisement. 3. Legal Proceedings The filing of the writ petition by the Gorai Nagar residents in 2003. The Bombay High Court's orders for maintaining the status quo on the plot. 4. Court's Observations and Findings Analysis of the affidavits submitted by the State Government and the deficiencies noted by the Court. The court's criticism of the lack of transparency and procedural fairness in the land allotment process. 5. Final Judgment The court's decision to rule in favor of the petitioners, setting aside the allotment to Ayyappa Seva Samiti. The emphasis on the need for adherence to established procedures in public land allotment. 6. Implications and Conclusion The broader implications of the judgment on land allocation practices in Maharashtra. The resolution of a decade-long dispute in favor of the residents, reinforcing the importance of lawful procedures in government actions.

Issue of Consideration: Gorai Nagar Maharashtra Grihanirman Vasahat Sanghatana And Ors. Versus State of Maharashtra & Ors.

2024 LawText (BOM) (8) 121

WRIT PETITION NO. 1042 OF 2003

2024-08-12

M.S.Sonak& Arif S. Doctor, JJ.

for the petitioners Mr Avinash Jalisatgi, with Divya Wadekar. for respondent no.1 Mr Manish Upadhye, AGP. for respondents 2 to 4 – mhada.

Gorai Nagar Maharashtra Grihanirman Vasahat Sanghatana And Ors.

State of Maharashtra & Ors.

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