Bombay High Court in Sau. Pushpalata Narendra Sutari v. State of Maharashtra [11.02.2020]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY 

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10511OF 2015 

Sau. Pushpalata Narendra Sutari                                             ...Petitioner 

vs. 

The State of Maharashtra & Ors.                                             ...Respondents 

None for the Petitioner. 

Mr. Y. S. Khochare, AGP for Respondents. 

CORAM: PRADEEP NANDRAJOG, CJ. & SMT. BHARATI DANGRE, J.


FEBRUARY 11, 2020 P.C.

1. The Petitioner is an encroacher on gairan land and is aggrieved by the various orders passed in the original proceedings, appellate proceedings and the revisional proceedings refusing to regularize the encroachment.

2. The claim of the Petitioner is premised on an order passed by this court on 28.03.2010 in PIL No. 204 of 2010 directing the Divisional Commissioners and Collectors in all Districts in Maharashtra to survey gairan land and draw a list of encroachees. Such encroachments which were entitled to be regularized were directed to be regularized and the ones which were not regularized the encroached land was to be resumed.

3. The grievance is that name of the Petitioner was not entered in the said list and as a result a proper scrutiny of the claim of the Petitioner could not be done.

4. The orders passed by the Sub Divisional Officer, Additional Collector and the Secretary, Revenue and Forest Department rejecting the claim of the Petitioner are well reasoned.

5. In the celebrated decision of the Supreme Court in Civil Appeal No. 1132 of 2011 Jagpal Singh & Ors. vs. State of Punjab & Ors. pronounced on 28.01.2011 it was held that common village land cannot be permitted to be appropriated by individuals.

6. Land vested in the Government and not intended to be put to common use may be allotted by the Government and the allotment may be made in favour of an encroachee, but encroachments on common village land such as grass land, grazing land and gairan land is impermissible for the reason such regularizations affect the community interest. Gairan land in the State of Maharashtra is grazing land meant for the benefit of the cattle belonging to the inhabitants of village.

7. The Writ Petition is dismissed.