 alleging that the Respondents were trying to use the land for residential purpose when the same is not permissible.){kind=link}
The Bombay High Court dismissed a Public Interest Litigation (PIL) alleging that the Respondents were trying to use the land for residential purpose when the same is not permissible.
Vijay S. Gharat , the Counsel for the Petitioner submits that the land in question is a gurcharan land. It is meant for grazing of the cattle in the village. The Respondents removed the cattle shed and are now trying to use the writ land for residential purpose when the same is not permissible. The trees are illegally fell. According to the learned Counsel, no activity can be carried out on gurcharan land. Same would be against the purpose for which the land is reserved.
R. A. Salunkhe, AGP for the State that the gurcharan land can be used for public purpose or to implement the scheme of the Central or the State Government as per Section 22A (2) of the Maharashtra Land Revenue Code, 1966.
The land in question is sought to be used for implementation of the Pradhan Mantri Aawas Yojana. The houses are sought to be provided to the shelterless persons. The said scheme is a benevolent and public interest scheme. It is a sort of social welfare measure. Sub Section (2) of Section 22A provides that the gairan land may be diverted, granted or leased for a public purpose or public project of the Central Government or the State Government or any public authority or undertaking under the Central Government or the State Government, if no other suitable piece of Government land is available for such public purpose or public project. The land is sought to be used and utilised for a public purpose, as referred to above.
In light of the above, the Division Bench of Acting Chief Justice S.V. Gangapurwala and Justice Sandeep V. Marne does not find any case for interference.