- Case
- WELFARE ASSOCIATION FOR THE DISABLED THR ITS PRESIDENT v. THE STATE OF MAHARASHTRA THR ITS SECRETARY REVENUE AND FOREST DEPT AND ORS (Bombay High Court, 08-01-2025)
- Law
- Maharashtra Public Trusts Act, Societies Registration Act.
Facts: A Welfare Association for the Disabled, a Public Charitable Trust, sought allotment of land from City Survey No. 889 in Taluka-Jath, District-Sangli, to construct a residential school for mentally retarded/physically disabled students. The Collector, Sangli rejected their application dated 09/09/2008 on 04/10/2017. The Association challenged this rejection, citing prior recommendations and no-objection reports from the Gram Panchayat, Tahsildar, and Sub-Divisional Officer.
Procedural Posture: The Petitioner, Welfare Association for the Disabled, filed a Writ Petition in the High Court of Judicature at Bombay, Civil Appellate Jurisdiction, challenging the Collector's decision rejecting their land allotment application.
Issue: Was the Collector's rejection of the petitioner's land allotment application, based solely on a Government Resolution prohibiting the use of public lands/Gai-ran lands for other purposes, justified, considering the purpose of the allotment was for a school for disabled students and prior recommendations favoring the allotment?
Holding: No, the High Court held that the Collector's rejection, based solely on the Government Resolution dated 12/07/2011, could not be sustained. The impugned order dated 04/10/2017 was set aside.
Reasoning: The Court found that the Collector failed to consider relevant Government Resolutions, specifically GR dated 25/07/2007 (regarding land allotment to blind and disabled persons on a priority basis) and GR dated 31/07/2023 (referring to the earlier GR). The Court noted that the GR relied upon by the Collector (12/07/2011) did not explicitly bar land allotment for disabled persons and even excluded existing encroachments on Gai-ran lands used for schools. The Court directed the Collector to reconsider the application, taking into account all relevant GRs, recommendations, and no-objections, and to make a fresh decision within six weeks. The Court stated that "conjoint consideration of all the GRs dated 25/07/2007, 12/07/2011 and 31/07/2023 is needed".
