GRAM PANCHAYAT NERE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner Gram Panchayat has filed this petition seeking setting aside of an order dtd. 13/6/2025 passed by the respondent No.2 - District Collector, Pune, whereby 4 Hectares 24 Ares land was allotted for the Prime Minister Awas Yojana - 2.0 with a specific project name xxx xxx xxx. The said project is hereinafter referred to as 'PMAY - 2.0'. According to the petitioner Gram Panchayat, the said impugned order is in the teeth of the policy of the State and it is in the backdrop of an earlier decision manifested in Minutes of Meeting dtd. 15/2/2022 conducted in the office of the then Minister, directing allotment of the land to the Gram Panchayat for the benefit of the villagers concerning projects such as public parks, schools, Talathi office, etc. The petitioner Gram Panchayat asserts that the subject land is Gairan land, which ought not to be misutilized as per the whims of the State by ignoring the genuine need of the villagers.

(2.) The petitioner Nos.2 and 3 are the villagers of the Village Nere. The petitioner Gram Panchayat is also of Village - Nere, Taluka - Mulshi, District - Pune and the petitioners together are seeking further direction for cancelling the aforesaid allotment of land by the impugned order. The reply affidavits filed on behalf of the respondents have placed on record another such order, also of the same date as the impugned order, whereby a further area of 3 Hectares 4 Ares from the said Village - Nere has been allotted for PMAY - 2.0 Scheme. In effect, the petitioners are challenging the aforesaid action of the respondent authorities. The beneficiary of the allotment orders is the respondent No.5 - Maharashtra Housing and Area Development Authority (MHADA), which is to undertake the project of constructing houses for the weaker sec. under the said PMAY - 2.0 Scheme.

(3.) The material placed on record by the rival sides shows that on 15/2/2022, a meeting was conducted in the presence of the then Minister for Revenue of the respondent State. The Minutes of Meeting show that a direction was issued to the respondent No.2 Collector and others in the backdrop of a demand made by the petitioner Gram Panchayat for Gairan land. It was directed that necessary information be called from the office of the Zilla Parishad, Pune, to ascertain bona fide area requirement of the petitioner Gram Panchayat for its proposed projects and to take action as per rules and regulations. It is the case of the petitioner Gram Panchayat that thereafter, it pursued the matter consistently for allotment of land for rural hospital, cultural centre for women, playground, open gymnasium, water tank, higher secondary school, etc. While the petitioner Gram Panchayat was pursuing the matter for the aforesaid projects, it is alleged that suddenly the impugned orders were issued allotting large tracts of 4 Hectares 24 Ares and 3 Hectares 4 Ares from the Gairan lands of the said Village Nere for the PMAY - 2.0 Scheme to the respondent No.5 - MHADA.