SHAMRAO RAMRAO SHITOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the Public Interest Litigation and Writ Petition are filed challenging the order dtd. 20/1/2005 passed by the Collector, Pune alloting land admeasuring 112 Hectares and 9 Ares in Gat No.1, Village-Lavale, Taluka-Mulshi, District Pune in favour of Respondent No.3-Bhartiya Vidyapeeth therein.

(2.) Brief facts leading to filing of the petitions are that, Lavale, a Village located in Mulshi Taluka of Pune District had population of approximately 5,000 residents which was mainly dependent on agricultural activities. It is contended that the land admeasuring approximately 3750 Acres (1500 hectares) was handed over to Lavale Gram Panchayat by the State Government and major portion of the said land is being used by the villagers for cattle grazing purpose as many villagers' livelihood depended on the activities of selling milk and milk products. By Government Resolution dtd. 26/3/1984, it was directed that all the Gram Panchayats must take appropriate care of Gairan lands. By further Circular dtd. 18/12/1995, Collectors were directed to ensure that Gairan lands are not allotted for any other purpose by Gram Panchayats. Similar Circulars were issued from time to time. By Circular dtd. 28/6/1999, it was directed that the restriction of usage of 5% Gairan land would be relaxed only for use of Gairan land for village development purposes such as water supply, hospital and schools telephone and energy facilities. The villagers of Lavale submitted a complaint in April 2000 to Collector, Pune upon noticing that Gairan land was proposed to be allotted to an educational institute. Resolutions were adopted by the Gram Panchayat, Lavale on 15/10/2000 and 20/11/2000 for allotment of land to Bharti Vidyapeeth. Some villagers approached this Court by filing Writ Petition No. 2843/2002 challenging the said Resolutions dtd. 15/10/2000 and 20/11/2000. The petitions were withdrawn with liberty to seek appropriate remedies. In the meantime, a decision was taken by the Gram Sabha on 2/5/2001 for not allotting any Gairan land to private institutes and accordingly a representation to that effect was made to the Collector on 22/6/2001.

(3.) The Petitioners allege that attempts were made at the behest of Respondent No.3 of making some construction on a portion of land by cutting trees. When Petitioners made enquiries they learnt about passing of order dtd. 20/1/2005 by Collector alloting land admeasuring 112 Hectares and 9 Ares in favour of Bharti Vidyapeeth. Petitioners have accordingly filed the present petitions challenging the allotment order dtd. 20/1/2005.