State's Absolute Power to Allot Gairan Land for Public Housing Under Maharashtra Land Revenue Code.

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Case: THE GRAM PANCHAYAT NERE THRU. SARPANCH AND ORS v. THE STATE OF MAHARASHTRA THRU. SECRETARY AND ORS
Court: Bombay High Court
Date: 10-07-2026
Law: Maharashtra Land Revenue Code.

Full Judgment → MCQ Test →

Highlights of the Judgment:

• An analysis of the State's absolute authority to dispose of government land under Section 40 of the Maharashtra Land Revenue Code, 1966.
• The legal interplay between Section 22-A and Section 40 regarding the diversion of "Gairan" land for public projects.
• Clarification on whether Gram Panchayat consent is a mandatory prerequisite for land allotment under the Pradhan Mantri Awas Yojana.
• Distinguishing the applicability of "Jagpal Singh vs. State of Punjab" in cases of State-led public utility versus private encroachment.
• The evidentiary weight of "Other Rights" columns in Revenue Records against the State's claim of ownership.
• The hierarchy of statutory provisions over executive instructions and prior Government Resolutions.