The Bombay High Court disposed of a Public Interest Litigation (PIL) filed challenging the Notification/Government Resolution dated 28th May 2019. Under the said Government Resolution, about 40 Hector 53 Are gairan land was decided to be allotted to project affected persons for their rehabilitation.
The PIL has been filed by one Kiran Bhairu Tanavade.
The Government Pleader submits that allotments have already been made to the project affected persons for their rehabilitation and in respect of some land, possession has already been delivered.
It is the contention of the advocate for the petitioner that the Government Resolution dated 28th May 2019 is against the dictum of the Supreme Court in the case of Jagpal Singh & Ors. vs. State of Punjab and Others, reported in AIR 2011 SC 1123 and the earlier Government Resolution dated 12th July 2011.
The Division Bench of Acting Chief Justice S.V.Gangapurwala and Justice Sandeep V. Marne observed that it would certainly have considered the present petition if the petitioner had approached immediately.
“Now a statement is also made that the lands as mentioned in the Government Resolution are already allotted to the project affected persons for rehabilitation and some of them have already been put in possession. It will not be appropriate now to displace those persons who were earlier displaced and are now rehabilitated on the said land. The petitioner has approached very late.”
In the present case, the Bench held that it is not the case that the land is being allotted for some commercial purpose or to any private entity to carry out some commercial or residential projects. The land is allotted to the project affected persons so as to rehabilitate them.
“In view of the fact that allotments are already made to the displaced project affected persons and since possession has already been delivered in respect of some of them, it will not be appropriate now to entertain the public interest litigation”, the order reads.
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The PIL has been filed by one Kiran Bhairu Tanavade.
The Government Pleader submits that allotments have already been made to the project affected persons for their rehabilitation and in respect of some land, possession has already been delivered.
It is the contention of the advocate for the petitioner that the Government Resolution dated 28th May 2019 is against the dictum of the Supreme Court in the case of Jagpal Singh & Ors. vs. State of Punjab and Others, reported in AIR 2011 SC 1123 and the earlier Government Resolution dated 12th July 2011.
The Division Bench of Acting Chief Justice S.V.Gangapurwala and Justice Sandeep V. Marne observed that it would certainly have considered the present petition if the petitioner had approached immediately.
“Now a statement is also made that the lands as mentioned in the Government Resolution are already allotted to the project affected persons for rehabilitation and some of them have already been put in possession. It will not be appropriate now to displace those persons who were earlier displaced and are now rehabilitated on the said land. The petitioner has approached very late.”
In the present case, the Bench held that it is not the case that the land is being allotted for some commercial purpose or to any private entity to carry out some commercial or residential projects. The land is allotted to the project affected persons so as to rehabilitate them.
“In view of the fact that allotments are already made to the displaced project affected persons and since possession has already been delivered in respect of some of them, it will not be appropriate now to entertain the public interest litigation”, the order reads.
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