Court’s Decision:
The Bombay High Court dismissed the writ petition challenging the allotment of 1H 46R of Gairan land in Pune’s Ravet village to the Pimpri Chinchwad Municipal Corporation (PCMC) for constructing housing under the Prime Minister Awas Yojana (PMAY). The Court upheld the Collector’s decision, ruling that the allotment was valid and legally sound. The petitioners’ challenge on the grounds of improper diversion of Gairan land was rejected.
Facts of the Case:
The petitioners challenged the June 18, 2018, decision by the District Collector of Pune to allot a portion of Gairan land for the PMAY project, contending that the land was originally set aside for grazing purposes. The land was allotted for the construction of houses for the economically weaker sections under the PMAY.
The petitioners argued that the land could not be diverted for such purposes as it violated Section 22A of the Maharashtra Land Revenue Code (MLRC), which restricts the use of grazing lands. They further challenged various administrative actions, including the possession and transfer of the land to PCMC.
Issues:
- Whether the diversion of Gairan land for housing purposes under the PMAY scheme was legally valid under the MLRC.
- Whether the Collector’s discretion in allotting the land was exercised independently and in accordance with the law.
Petitioner’s Arguments:
- The petitioners contended that the land, being designated for grazing, could not be diverted for housing without meeting the conditions specified in Section 22A of the MLRC, which mandates that no other suitable government land should be available for the purpose.
- They also argued that the Collector acted under the direction of the State Government without exercising independent discretion, rendering the allotment invalid.
Respondent’s Arguments:
- The respondents, including the State Government and PCMC, argued that the land was allotted following proper legal procedures and in line with the Development Plan under the Maharashtra Regional and Town Planning (MRTP) Act.
- They emphasized that the land was reserved for housing the economically weaker section in the Development Plan and that the provisions of Section 22A were not violated.
Court’s Analysis:
The Court found that the Collector’s decision was in accordance with Section 40 of the MLRC, which grants the State Government the power to dispose of its land for public purposes, including housing for economically weaker sections. The Court also held that the Development Plan under the MRTP Act supersedes the use of land as Gairan land, allowing it to be used for housing under the PMAY.
The Court further rejected the argument that the Collector had failed to exercise independent discretion, noting that the Collector had appropriately followed legal procedures and considered all relevant factors before making the decision.
Conclusion:
The Bombay High Court upheld the allotment of the land to PCMC for the PMAY housing project and dismissed the petition. The Court ruled that the use of Gairan land for the construction of affordable housing did not violate the MLRC or any other legal provisions.
