ASHOK MARUTI RAWOOT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This P.I.L., essentially, takes exception to the order passed by respondent No. 5 dated 28th March, 2011, whereunder, the decision of earmarking land, which had vested in gram panchayat, for construction of memorial in the name of Dr. Nanasaheb Dharmadhikari has been assailed.

(3.) The challenge is, primarily, on the basis of the exposition in Jagpal Singh & Ors. v. State of Punjab & Ors., 2011 AIR(SC) 1123. The Apex Court, in the said decision, has held that the Government cannot permit allotment of gramsabha land to private persons and commercial enterprises on payment of some money. Further, the Government orders of different State Governments in this behalf have been declared to be illegal and to be ignored in future. The principle stated is that the land vested in gramsabha, which is used as public utility land should not be used for any other purpose, and must be treated as inalienable.