Case Note & Summary
The petitioners, residents of Rohkal village, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 01/06/2025 passed by the Collector, Pune, and the Government Resolution dated 15/10/2024 issued by the State of Maharashtra. They sought to quash these actions and direct the cancellation of a reservation/residential scheme on Gairan land (grazing land) at Gat No. 220, Rohkal, Taluka-Khed, District-Pune, alleging illegal transfer without proper consultation, violation of the Maharashtra Land Revenue Code, 1966, and prejudice to villagers and Scheduled Caste/Scheduled Tribe communities. The respondents included the State of Maharashtra, the Collector, Pune, PMRDA, MHADA, and the Deputy Conservator of Forests. The core legal issues involved the legality of the Gairan land transfer for the Pradhan Mantri Awas Yojana (Urban) scheme under PMAY, compliance with Section 22A of the Maharashtra Land Revenue Code, 1966, and procedural adherence. The petitioners argued that the transfer was contrary to law, affected community interests, and lacked gram sabha approval. The respondents contended that the transfer was for a public purpose under PMAY, authorized by Government Resolution dated 19/09/2016, and complied with statutory provisions, including rehabilitation measures. The court analyzed the facts, noting that the land was government-owned, and the petitioners had no vested rights. It examined Section 22A, which permits Gairan land diversion for public purpose if no other suitable land is available, and found that PMAY qualified as such. The court reviewed the procedural steps, including reports from the Circle Officer, Tahsildar, Forest Department, and PMRDA, and consultations with local authorities, concluding that the Collector's order was reasoned and included safeguards for existing inhabitants, such as rehabilitation of tribal families. The court also considered the development regulations, noting that the use was permissible under Rule 21.9(a) of the Development Control and Promotion Regulations, 2018. Ultimately, the court dismissed the writ petition, upholding the Collector's order as legal and procedurally compliant, and directed that the implementation proceed with the stipulated safeguards.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Locus Standi - Petitioners challenged transfer of Gairan land for PMAY scheme - Court considered maintainability objection but proceeded on merits as petitioner no.1 was a resident - Held that petitioners, as residents, could invoke jurisdiction for public interest but lacked vested rights over government land (Paras 4, 5). B) Land Law - Gairan Land Diversion - Section 22A of the Maharashtra Land Revenue Code, 1966 - Public Purpose - Transfer of Gairan land for PMAY scheme was challenged - Court examined Section 22A which permits diversion for public purpose if no other suitable government land is available - Held that PMAY is a public purpose and the Collector's order complied with statutory safeguards, including rehabilitation of existing inhabitants (Paras 9, 12). C) Land Law - Government Land Allotment - Section 40 of the Maharashtra Land Revenue Code, 1966 and Rule 5 of the Maharashtra Land Revenue (Disposal of Government Land) Rules, 1971 - Authority of Collector - Collector transferred land for PMAY under GR dated 19/09/2016 - Court found the Collector acted within powers granted by the GR and statutory provisions after due process, including reports and consultations - Held that the transfer was legal and procedurally sound (Paras 5, 9). D) Urban Development - Development Control Regulations - Rule 21.9(a) of the Development Control and Promotion Regulations, 2018 - Permissible Use - Land was reserved for public amenities under PMAY - Court noted that PMRDA confirmed the proposed housing use is permissible under Regulation 21.9(a) - Held that the reservation and use complied with development regulations (Paras 7, 10). E) Administrative Law - Procedural Compliance - Rehabilitation and Safeguards - Collector's order included rehabilitation measures for tribal families - Court observed that the order directed MHADA to rehabilitate Adivasi/Thakar families by allotting land within the same Gat number - Held that the Collector ensured no displacement without lawful rehabilitation, addressing petitioners' concerns (Paras 9, 11).
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Issue of Consideration: Whether the transfer of Gairan land for implementation of the Pradhan Mantri Awas Yojana (Urban) scheme by the Collector, Pune, and the Government Resolution dated 15/10/2024 are legal and procedurally compliant with the Maharashtra Land Revenue Code, 1966, and other relevant laws.
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Final Decision
The writ petition is dismissed. The court upheld the order dated 12/06/2025 passed by the Collector, Pune and the Government Resolution dated 15/10/2024 as legal and procedurally compliant. The implementation of the PMAY scheme on the Gairan land is to proceed with the stipulated safeguards, including rehabilitation of existing inhabitants.
