Whether Gram panchayat can give no objection for regularization of encroachment done over Gairan land by passing resolution?

  The petitioner is admittedly an encroacher

upon government “E” Class land, which is Gairan land.

It is the contention of Mr. Awachar, learned counsel for

the petitioner that the petitioner is a land less person,

who has encroached upon this land since the year 1991

and therefore, the petitioner is entitled for allotment of

the land encroached by him through its regularization.

He also submits that there is a Gram Panchayat

Resolution dated 30.06.1998, which gives no objection

for permanent allotment of government land to the

petitioner. {Para 2}

3. Mr. Patil, learned AGP for respondent Nos.1,

3 and 4 submits that under Section 22A of the

Maharashtra Land Revenue Code, 1966 (for short "the

Code of 1966"), no regularization for any private

purpose is permissible, as it could amount to diversion

of the Gairan land against the express provisions of law.

He also submits that even by the criteria laid down in

the case of Jagpal Singh (supra), the petitioner is not

entitled for any kind of regularization.

4. So far as Gram Panchayat resolution is

concerned, we must say that there was no business for

the Gram Panchayat to have passed a resolution, giving

its no objection for regularization of the encroachment

upon the government land, especially in view of the

provisions made under sub-Section (6) of Section 22A

of the Code of 1966. These provisions indicate that

powers of diversion, grant, lease of Gairan land under

Section 22A of the Code of 1966 shall be vested in the

State Government. Therefore, passing of any unwarrented

resolution in respect of the land, of which

Gram Panchayat is not the owner or the land which is

not vested in the Gram Panchayat, only amounts to

meddling with the affairs of the State Government, for

which purpose, appropriate action, if thought it

necessary, would have to be taken by the State

Government.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL WRIT PETITION NO.2581 OF 2021

Ramdas s/o. Sambhaji Ghewande Vs. State of Maharashtra, through its Secretary,

CORAM : SUNIL B. SHUKRE AND

ANIL S. KILOR, JJ .

DATE : 26th JULY, 2021.

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